Common use of TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS Clause in Contracts

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall comply with all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, any hazardous material (as hereinafter defined), waste disposal, air emissions and other environmental matters with respect to the use or occupation of the Premises. Tenant shall not cause or permit any hazardous material to be brought upon, kept or used in or about the Premises by Tenant or any other person or entity. If Tenant breaches the obligations stated herein or if the presence of hazardous material on the Premises caused or permitted to be caused by Tenant results in the contamination of the Premises, or any portion thereof, or if the contamination of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted to be caused by Tenant results in any contamination of the Premises, or any portion thereof, Tenant shall promptly take all actions, at no cost or expense to Landlord, as are necessary to return the Premises to the condition existing prior to the introduction of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. As used herein, the term “hazardous material” means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or any other federal, state or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted.

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall at Tenant’s own expense, comply with all any applicable federaltransaction triggered Environmental Laws, state but only in the event of a closing of Tenant’s operations or transfer of Tenant’s operations or change in the ownership of Tenant. If such compliance, becomes necessary due to any action or omission of Landlord, or any third party other than Tenant, including, without limitation, a trigger of a transaction triggered Environmental Law due to a change in ownership of the Premises or the Development, or a change in ownership of Landlord, then Landlord shall, at Landlord’s own expense, promptly comply with such transaction triggered Environmental Law. Notwithstanding anything in the contrary set forth in this Section, and local regardless of whether such compliance is triggered by Landlord or Tenant, Tenant, shall only be responsible to investigate and Remediate Hazardous Substances at the Premises in the most cost effective manner possible under the circumstances to comply with applicable Environmental laws, regulations and only to the extent that the Hazardous Substances were Discharged by Tenant or ordinances pertaining to air Tenant’s employees, agents or contractors. In all other respects, Landlord shall, at Landlord’s own expense, and water qualitywithout interfering with the ongoing business operations of Tenant in a commercially unreasonable manner, any hazardous material (as hereinafter defined)promptly comply with such transaction triggered Environmental Laws, waste disposal, air emissions and including without limitation taking all other environmental matters action required by applicable Environmental Laws with respect to any Discharge of Hazardous Substances. Landlord hereby represents that to the use or occupation best of his knowledge that as of the Premises. Tenant shall not cause or permit any hazardous material to be brought upondate of execution of this Lease there exists no violation of Environmental Laws as that term is defined herein, kept or used in or about the Premises by Tenant or any other person or entity. If Tenant breaches the obligations stated herein or provided however, if the presence of hazardous material on the Premises caused or permitted to be caused by Tenant results in the contamination of the Premises, or any portion thereof, or if the contamination of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term such violation arises as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted to be caused by Tenant results in any contamination of the Premises, or any portion thereof, Tenant shall promptly take all actions, at no cost or expense to Landlord, as are necessary to return the Premises to the condition existing act prior to the introduction date of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination execution of this Lease. As used herein, the term “hazardous material” means Landlord shall be responsible for any pollutantand all costs associated with such violation or remedy: provided further, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant nothing herein shall be construed to the Resource Conservation prevent Landlord from seeking contribution and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or indemnity from prior (i) title holders; (ii) tenants; (iii) any other federalgenerator as that term is used in the definition of Environmental Laws; or (iv) any other polluter. (INITIALED: BF, state or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted.MO)

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall at Tenant’s own expense, comply with all any applicable federaltransaction triggered Environmental Laws, state but only in the event of a closing of Tenant’s operations or transfer of Tenant’s operations or change in the ownership of Tenant. If such compliance, becomes necessary due to any action or omission of Landlord, or any third party other than Tenant, including, without limitation, a trigger of a transaction triggered Environmental Law due to a change in ownership of the Premises or the Development, or a change in ownership of Landlord, then Landlord shall, at Landlord’s own expense, promptly comply with such transaction triggered Environmental Law. Notwithstanding anything in the contrary set forth in this Section, and local regardless of whether such compliance is triggered by Landlord or Tenant, Tenant, shall only be responsible to investigate and Remediate Hazardous Substances at the Premises in the most cost effective manner possible under the circumstances to comply with applicable Environmental laws, regulations and only to the extent that the Hazardous Substances were Discharged by Tenant or ordinances pertaining to air Tenant’s employees, agents or contractors. In all other respects, Landlord shall, at Landlord’s own expense, and water qualitywithout interfering with the ongoing business operations of Tenant in a commercially unreasonable manner, any hazardous material (as hereinafter defined)promptly comply with such transaction triggered Environmental Laws, waste disposal, air emissions and including without limitation taking all other environmental matters action required by applicable Environmental Laws with respect to any Discharge of Hazardous Substances. Landlord hereby represents that to the use or occupation best of his knowledge that as of the Premises. Tenant shall not cause or permit any hazardous material to be brought upondate of execution of this Lease there exists no violation of Environmental Laws as that term is defined herein, kept or used in or about the Premises by Tenant or any other person or entity. If Tenant breaches the obligations stated herein or provided however, if the presence of hazardous material on the Premises caused or permitted to be caused by Tenant results in the contamination of the Premises, or any portion thereof, or if the contamination of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term such violation arises as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted to be caused by Tenant results in any contamination of the Premises, or any portion thereof, Tenant shall promptly take all actions, at no cost or expense to Landlord, as are necessary to return the Premises to the condition existing act prior to the introduction date of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination execution of this Lease. As used herein, the term Landlord shall be responsible for any and all costs associated with such violation or remedy: provided further, nothing herein shall be construed to prevent Landlord from seeking contribution Portions of this exhibits indicated by “hazardous material(*[TEXT]*)” means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or have been omitted pursuant to a request for confidential treatment and such omitted portions have been filed separately with the Resource Conservation Securities and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, Exchange Commission. and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or indemnity from prior (i) title holders; (ii) tenants; (iii) any other federal, state generator as that term is used in the definition of Environmental Laws; or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted(iv) any other polluter.

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall at Tenant’s own expense, comply with all any applicable federaltransaction triggered Environmental Laws, state but only in the event of a closing of Tenant’s operations or transfer of Tenant’s operations or change in the ownership of Tenant. If such compliance, becomes necessary due to any action or omission of Landlord, or any third party other than Tenant, including, without limitation, a trigger of a transaction triggered Environmental Law due to a change in ownership of the Premises or the Development, or a change in ownership of Landlord, then Landlord shall, at Landlord’s own expense, promptly comply with such transaction triggered Environmental Law. Notwithstanding anything in the contrary set forth in this Section, and local regardless of whether such compliance is triggered by Landlord or Tenant, Tenant, shall only be responsible to investigate and Remediate Hazardous Substances at the Premises in the most cost effective manner possible under the circumstances to comply with applicable Environmental laws, regulations and only to the extent that the Hazardous Substances were Discharged by Tenant or ordinances pertaining to air Tenant’s employees, agents or contractors. In all other respects, Landlord shall, at Landlord’s own expense, and water qualitywithout interfering with the ongoing business operations of Tenant in a commercially unreasonable manner, any hazardous material (as hereinafter defined)promptly comply with such transaction triggered Environmental Laws, waste disposal, air emissions and including without limitation taking all other environmental matters action required by applicable Environmental Laws with respect to any Discharge of Hazardous Substances. Landlord hereby represents that to the use or occupation best of his knowledge that as of the Premises. Tenant shall not cause or permit any hazardous material to be brought upondate of execution of this Lease there exists no violation of Environmental Laws as that term is defined herein, kept or used in or about the Premises by Tenant or any other person or entity. If Tenant breaches the obligations stated herein or provided however, if the presence of hazardous material on the Premises caused or permitted to be caused by Tenant results in the contamination of the Premises, or any portion thereof, or if the contamination of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term such violation arises as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted to be caused by Tenant results in any contamination of the Premises, or any portion thereof, Tenant shall promptly take all actions, at no cost or expense to Landlord, as are necessary to return the Premises to the condition existing act prior to the introduction date of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination execution of this Lease. As used herein, the term “hazardous material” means Landlord shall be responsible for any pollutantand all costs associated with such violation or remedy: provided further, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant nothing herein shall be construed to the Resource Conservation prevent Landlord from seeking contribution and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or indemnity from prior (i) title holders; (ii) tenants; (iii) any other federal, state generator as that term is used in the definition of Environmental Laws; or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted(iv) any other polluter.

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall at all times and in all respects comply with all applicable federal, state and local laws, ordinances and regulations ("Hazardous Materials Laws") relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any oil, petroleum products, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any such laws, ordinances pertaining to air or regulations (collectively, "Hazardous Materials"). Tenant shall at its own expense procure, maintain in effect and water qualitycomply with all conditions of any and all permits, any hazardous material (as hereinafter defined), waste disposal, air emissions licenses and other environmental matters with respect to governmental and regulatory approvals required for Tenant's use of the use Premises including, without limitation, discharge of (appropriately treated) materials or occupation of waste into or through any sanitary sewer system serving the Premises. Tenant shall not cause or permit any hazardous material and all Hazardous Materials to be brought uponremoved from the Premises and transported solely by duly licensed haulers to duly licensed facilities for final disposal of such Hazardous Materials and wastes. Tenant shall in all respects, kept or used in handle, treat, deal with and manage any and all Hazardous Materials in, on, under or about the Premises by Tenant or any other person or entity. If Tenant breaches in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the obligations stated herein or if the presence of hazardous material on the Premises caused or permitted to be caused by Tenant results in the contamination of the Premises, or any portion thereof, or if the contamination of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result management of such contaminationHazardous Materials. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted to be caused by Tenant results in any contamination of the Premises, or any portion thereof, Tenant shall promptly take all actions, at no cost or expense to Landlord, as are necessary to return the Premises All reporting obligations to the condition existing prior to extent imposed upon Tenant by Hazardous Materials Laws are solely the introduction responsibility of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtainedTenant. The foregoing indemnity shall survive the Upon expiration or earlier termination of this Lease. As used herein, Tenant shall cause all Hazardous Materials (except to the extent such Hazardous Materials are generated, stored, released or disposed of during the term “hazardous material” means of this Lease by Landlord) to be removed from the Premises and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any pollutantremedial action in response to the presence of any Hazardous Materials in, toxic substanceon, hazardous wasteabout or under the Premises, hazardous materialnor enter into any settlement agreement, hazardous substanceconsent, decree or other compromise in respect to any claims relating to any way connected with the foregoing without first notifying Landlord of Tenant's intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto. In addition, at Landlord's written request, at the expiration of the term of this Lease or within sixty (60) days following the date of such request, whichever is later, Tenant shall remove all tanks or fixtures which were placed on the Premises during the term of this Lease and which contain, or oil are contaminated with, Hazardous Materials. Tenant shall immediately notify Landlord in writing of (a) any enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened pursuant to any Hazardous Materials Laws; (b) any claim made or threatened by any person against Landlord, or the Premises, relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (c) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or about the Premises, or with respect to any Hazardous Materials removed from the Premises including, any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant shall also provide to Landlord, as defined promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Hazardous Materials in or pursuant on the Premises. Upon written request of Landlord (to enable Landlord to defend itself from any claim or charge related to any Hazardous Materials Law), Tenant shall promptly deliver to Landlord notices of hazardous waste manifests reflecting the Resource Conservation legal and Recovery Act, proper disposal of all such Hazardous Materials removed or to be removed from the Premises. All such manifests shall list the Tenant or its agent as amended, the Comprehensive Environmental Response, Compensation, a responsible party and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or in no way shall attribute responsibility for any other federal, state or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enactedsuch Hazardous Materials to Landlord.

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall not store any reportable quantities of Hazardous Materials at the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld. The foregoing shall not be construed to prohibit Tenant from storing and using non-reportable quantities of customary office and cleaning supplies or other products in the Premises, or from storing and using non-reportable quantities of other products required in connection with Tenant’s permitted use. Notwithstanding the foregoing, all flammable or combustible materials and any Hazardous Materials in the Premises shall be stored in specially designed containment rooms or containers to the extent required by applicable Hazardous Materials Laws (as defined below). In addition to the foregoing, Tenant shall at all times and in all respects comply with all applicable with, and not violate, by operation of law or otherwise, any federal, state and local laws, ordinances and regulations (“Hazardous Materials Laws”) relating to the industrial hygiene, environmental protection or ordinances pertaining to air and water qualitythe use, analysis, generation, manufacture, storage, presence, disposal or transportation of any oil, petroleum products, flammable explosives, mold, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation, any “hazardous material substances,” “hazardous wastes,” “hazardous materials” or “toxic substances” under any such laws, ordinances or regulations (collectively, “Hazardous Materials”). Tenant shall not be deemed to have violated a Hazardous Material Law by operation of law if Landlord’s actions shall have served as hereinafter defined)the cause of such violation. Tenant shall at its own expense procure, waste disposalmaintain in effect and comply with all conditions of any and all permits, air emissions licenses and other environmental matters with respect to governmental and regulatory approvals required for Tenant’s use of the use Premises including, without limitation, discharge of (appropriately treated) materials or occupation of waste into or through any sanitary sewer system serving the Premises. Tenant shall not cause or permit any hazardous material and all Hazardous Materials to be brought uponremoved from the Premises and transported solely by duly licensed haulers to duly licensed facilities for final disposal of such Hazardous Materials and wastes. Tenant shall in all respects, kept or used in handle, treat, deal with and manage any and all Hazardous Materials in, on, under or about the Premises in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. All reporting obligations to the extent imposed upon Tenant by Hazardous Materials Laws are solely the responsibility of Tenant. Upon expiration or earlier termination of this Lease, Tenant shall cause all Hazardous Materials (except to the extent such Hazardous Materials are generated, stored, released or disposed of during the term of this Lease by Landlord) to be removed from the Premises and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any other person or entity. If Tenant breaches the obligations stated herein or if remedial action in response to the presence of hazardous material any Hazardous Materials in, on, about or under the Premises, nor enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to any way connected with the foregoing without first notifying Landlord of Tenant’s intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord’s interest with respect thereto. In addition, at Landlord’s written request, at the expiration of the term of this Lease or within sixty (60) days following the date of such request, whichever is later, Tenant shall remove all tanks or fixtures which were placed on the Premises caused during the term of this Lease by Tenant, its agents, contractors or permitted employees and which contain, or are contaminated with, Hazardous Materials. Tenant shall within ten (10) days after receipt notify Landlord in writing of (a) any enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened pursuant to any Hazardous Materials Laws; (b) any claim made or threatened by any person against Landlord, or the Premises, relating to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (c) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or about the Premises, or with respect to any Hazardous Materials removed form the Premises, including, any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant shall also provide to Landlord, as promptly as possible, and in any event within ten (10) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Hazardous Materials in or on the Premises. Upon written request of Landlord (to enable Landlord to defend itself from any claim or charge related to any Hazardous Materials Law), Tenant shall promptly deliver to Landlord notices of hazardous waste manifests reflecting the legal and proper disposal of all such Hazardous Materials removed or to be caused by removed from the Premises. All such manifests shall list the Tenant results or its agent as a responsible party and in no way shall attribute responsibility for any such Hazardous Materials to Landlord. Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the contamination Landlord from and against any and all loss, claim, cause of action, demand, expense and the like (“Claims”) whatsoever arising or resulting, in whole or in part, directly or indirectly, from the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under, upon or from the Premises (including water tables and atmosphere) resulting from or in any way related to Tenant’s use of the Premises. Tenant’s obligations under this section include, without limitation and whether foreseeable or unforeseeable, (a) the costs of any required or necessary repair, clean-up, detoxification or decontamination of the Premises, (b) the costs of implementing any closure, remediation or other required action in connection therewith as stated above; (c) the value of any portion thereof, or if the contamination loss of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend use and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys(d) consultants’ fees, consultant experts’ fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted to be caused by Tenant results in any contamination of the Premises, or any portion thereof, Tenant shall promptly take all actions, at no cost or expense to Landlord, as are necessary to return the Premises to the condition existing prior to the introduction of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtainedresponse costs. The foregoing indemnity shall obligations of Tenant under this section survive the expiration or earlier termination of this Lease. As used hereinNotwithstanding anything in this Lease to the contrary, Tenant shall not be responsible for any claim, charge, loss, damage or liability relating to Hazardous Materials to the extent that such Hazardous Materials (a) exist at, on or under the Premises on the date of Tenant’s entry thereon, (b) result from the migration of Hazardous Materials from adjacent properties, or (c) are otherwise introduced to the Premises by Landlord, its employees or agents. Landlord shall defend and indemnify Tenant and save Tenant harmless from and against all claims, actions, damages, liability and expense (including, but not limited to, attorneys’ fees and disbursements) in connection with the loss of life, personal injury or damage to property caused by the use, installation, release or removal of Hazardous Materials on the Premises by Landlord, its employees or agents. Landlord shall not be liable for damages or injury occasioned by the negligence or willful acts of Tenant, its agents, employees or servants. Except as disclosed in the Existing Environmental Report, Landlord represents and warrants to Tenant, that to the knowledge of Landlord, without investigation, the term “hazardous material” means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined Premises is not in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or any other federal, state or local environmental law, regulation, ordinance, rule, or by-law, whether existing violation of applicable Hazardous Material Laws as of the date hereof. For the purposes hereof, previously enforcedthe “knowledge of Landlord’ shall be mean the actual knowledge of Xxxxx Xxxxxxx or Xxxxxxx X’Xxxxxx, or subsequently enactedwithout investigation.

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall at all times and in all respects comply with all applicable federal, state and local laws, ordinances and regulations or ordinances pertaining to air and water quality, any hazardous material (as hereinafter defined), waste disposal, air emissions and other environmental matters with respect "Hazardous Materials Laws") relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any oil, petroleum products, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, "Hazardous Materials"). The foregoing shall not be construed to prohibit Tenant from storing and using reasonable quantities of customary office and cleaning supplies in the Building as contemplated by the permitted use or occupation of the Premisescontained in Section 4.3 above. Tenant shall not cause or permit at its own expense procure, maintain in effect and comply with all conditions of any hazardous material to be brought uponand all permits, kept or used in or about the Premises by Tenant or any licenses and other person or entity. If Tenant breaches the obligations stated herein or if the presence of hazardous material on the Premises caused or permitted to be caused by Tenant results in the contamination of the Premises, or any portion thereof, or if the contamination governmental and regulatory approvals required for Tenant's use of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includesOffice Complex including, without limitation, costs incurred in connection with discharge of (appropriately treated) materials or waste into or through any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on sanitary sewer system serving the Premises caused or permitted to be caused by Tenant results and Office Complex. Except as discharged into the sanitary sewer in any contamination of the Premises, or any portion thereofstrict accordance 1and conformity with all applicable Hazardous Materials Laws, Tenant shall promptly take cause any and all actions, at no cost or expense Hazardous Materials to Landlord, as are necessary to return be removed from the Premises and Office Complex and transported solely by duly licensed haulers to the condition existing prior to the introduction of any such hazardous material to the Premises, provided that Landlord’s approval duly licensed facilities for final disposal of such action Hazardous Materials and wastes. Tenant shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. As used hereinin all respects, the term “hazardous material” means any pollutanthandle, toxic substancetreat, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant to the Resource Conservation deal with and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or any other federal, state or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted.manage

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall comply with all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, any hazardous material (as hereinafter defined), waste disposal, air emissions and other environmental matters with respect to the use or occupation of the Premises. Tenant shall not cause or permit any hazardous material to be brought upon, kept or used in or about the Premises by Tenant or any other person or entity. If Tenant breaches the obligations stated herein or if the presence of hazardous material on the Premises caused or permitted to be caused by Tenant results in the contamination of the Premises, or any portion ELECTRONICALLY FILED - 2020 Feb 14 2:23 PM - GREENVILLE - COMMON PLEAS - CASE#2020CP2300012 thereof, or if the contamination of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted to be caused by Tenant results in any contamination of the Premises, or any portion thereof, Tenant shall promptly take all actions, at no cost or expense to Landlord, as are necessary to return the Premises to the condition existing prior to the introduction of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. As used herein, the term “hazardous material” means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or any other federal, state or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted.

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall comply with all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, any hazardous material (as hereinafter defined), waste disposal, air emissions and other environmental matters with respect to the use or occupation of the Premises. Tenant shall not cause or permit any hazardous material to be brought upon, kept or used in or about the Premises by Tenant or any other person or entity. If Tenant breaches the obligations stated herein or if the presence of hazardous material on the Premises caused or permitted to be caused by Tenant results in the contamination of the Premises, or any portion ELECTRONICALLY FILED - 2020 Feb 07 2:40 PM - GREENVILLE - COMMON PLEAS - CASE#2020CP2300012 thereof, or if the contamination of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted to be caused by Tenant results in any contamination of the Premises, or any portion thereof, Tenant shall promptly take all actions, at no cost or expense to Landlord, as are necessary to return the Premises to the condition existing prior to the introduction of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. As used herein, the term “hazardous material” means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or any other federal, state or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted.

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall at all times and in all respects comply with all applicable federal, state and local laws, ordinances and regulations or ordinances pertaining to air and water quality, any hazardous material (as hereinafter defined), waste disposal, air emissions and other environmental matters with respect "Hazardous Materials Laws") relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any oil, petroleum products, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, "Hazardous Materials"). The foregoing shall not be construed to prohibit Tenant from storing and using reasonable quantities of customary office and cleaning supplies in the Building as contemplated by the permitted use or occupation of the Premisescontained in Section 4.3 above. Tenant shall not at its own expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Tenant's use of the Premises and Office Complex including, without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer system serving the Premises and Office Complex. Except as discharged into the sanitary sewer in strict accordance and conformity with all applicable Hazardous Materials Laws, Tenant shall cause or permit any hazardous material and all Hazardous Materials to be brought uponremoved from the Premises and Office Complex and transported solely by duly licensed haulers to duly licensed facilities for final disposal of such Hazardous Materials and wastes. Tenant shall in all respects, kept or used in handle, treat, deal with and manage any and all Hazardous Materials in, on, under or about the Premises and Office Complex in complete Tenant shall immediately notify Landlord in writing of (a) any enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened pursuant to any Hazardous Materials Laws; (b) any claim made or threatened by Tenant any person against Landlord, or any other person or entity. If Tenant breaches the obligations stated herein or if the presence of hazardous material on the Premises caused or permitted the Office Complex, relating to be caused by Tenant results in the contamination of the Premisesdamage, contribution, cost recovery, compensation, loss or any portion thereof, injury resulting from or if the contamination of the Premises by hazardous material otherwise occurs for which Tenant is legally liable claimed to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless result from any Hazardous Materials; and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value c) any reports made to any environmental agency arising out of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanupHazardous Materials in, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under about the Premises or the Office Complex, or with respect to any Hazardous Materials removed from the Premises or the Office Complex, including, any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant shall also provide to Landlord, as promptly as possible, and in any event within five business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Hazardous Materials in or on the Office Complex or Premises. Without limiting the foregoing, if the presence Upon written request of Landlord (to enable Landlord to defend itself from any hazardous material on the Premises caused claim or permitted charge related to be caused by Tenant results in any contamination of the Premises, or any portion thereofHazardous Materials Law), Tenant shall promptly take deliver to Landlord notices of hazardous waste manifests reflecting the legal and proper disposal of all actions, at such Hazardous Materials removed or to be removed from the Premises or Office Complex. All such manifests shall list the Tenant or its agent as a responsible party and in no cost or expense way shall attribute responsibility for any such Hazardous Materials to Landlord, as are necessary to return the Premises to the condition existing prior to the introduction of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. As used herein, the term “hazardous material” means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or any other federal, state or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted.

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall comply with all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, any hazardous material (as hereinafter defined), waste disposal, air emissions and other environmental matters with respect to the use or occupation of the Premises. Tenant shall not cause or permit any hazardous material to be brought upon, kept or used in or about the Premises by Tenant or any other person or entity. If Tenant breaches the obligations stated herein or if the presence of hazardous material on the Premises caused or permitted to be caused by Tenant results in the contamination of the Premises, or any portion ELECTRONICALLY FILED - 2020 Jun 29 9:24 AM - GREENVILLE - COMMON PLEAS - CASE#2020CP2300012 thereof, or if the contamination of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted to be caused by Tenant results in any contamination of the Premises, or any portion thereof, Tenant shall promptly take all actions, at no cost or expense to Landlord, as are necessary to return the Premises to the condition existing prior to the introduction of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. As used herein, the term “hazardous material” means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or any other federal, state or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted.

TENANT'S COMPLIANCE WITH ENVIRONMENTAL LAWS. Tenant shall at Tenant’s own expense, comply with all any applicable federaltransaction triggered Environmental Laws, state but only in the event of a closing of Tenant’s operations or transfer of Tenant’s operations or change in the ownership of Tenant. If such compliance, becomes necessary due to any action or omission of Landlord, or any third party other than Tenant, including, without limitation, a trigger of a transaction triggered Environmental Law due to a change in ownership of the Premises or the Development, or a change in ownership of Landlord, then Landlord shall, at Landlord’s own expense, promptly comply with such transaction triggered Environmental Law. Notwithstanding anything in the contrary set forth in this Section, and local regardless of whether such compliance is triggered by Landlord or Tenant, Tenant, shall only be responsible to investigate and Remediate Hazardous Substance at the Premises in the most cost effective manner possible under the circumstances to comply with applicable Environmental laws, regulations and only to the extent that the Hazardous Substances were Discharged by Tenant or ordinances pertaining to air Tenant’s employees, agents or contractors. In all other respects, Landlord shall, at Landlord’s own expense, and water qualitywithout interfering with the ongoing business operations of Tenant in a commercially unreasonable manner, any hazardous material (as hereinafter defined)promptly comply with such transaction triggered Environmental Laws, waste disposal, air emissions and including without limitation taking all other environmental matters action required by applicable Environmental Laws with respect to -any Discharge of Hazardous Substances. Landlord hereby represents that to the use or occupation best of his knowledge that as of the Premises. Tenant shall not cause or permit any hazardous material to be brought upondate of execution of this Lease there exists no violation of Environmental Laws as that term is defined herein, kept or used in or about the Premises by Tenant or any other person or entity. If Tenant breaches the obligations stated herein or provided however, if the presence of hazardous material on the Premises caused or permitted to be caused by Tenant results in the contamination of the Premises, or any portion thereof, or if the contamination of the Premises by hazardous material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including without limitation, diminution in value of the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term such violation arises as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material being present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises caused or permitted to be caused by Tenant results in any contamination of the Premises, or any portion thereof, Tenant shall promptly take all actions, at no cost or expense to Landlord, as are necessary to return the Premises to the condition existing act prior to the introduction date of any such hazardous material to the Premises, provided that Landlord’s approval of such action shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination execution of this Lease. As used herein, the term “hazardous material” means Landlord shall be responsible for any pollutantand all costs associated with such violation or remedy: provided further, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant nothing herein shall be construed to the Resource Conservation prevent Landlord from seeking contribution and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, the Toxic Substances Control Act, as amended, or indemnity from prior (i) title holders; (ii) tenants; (iii) any other federal, state generator as that term is used in the definition of Environmental Laws; or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted(iv) any other polluter.