Common use of Tenant’s Covenants with Respect to Environmental Matters Clause in Contracts

Tenant’s Covenants with Respect to Environmental Matters. During the Tenn, Tenant, at its sole cost and expense, shall: 781999_9 33 tf A. comply with all Environmental Laws relating to the use and operation of the Premises; B. keep the Premises free of any Hazardous Material other than in connection with the operation ofTenant's business on the Premises, provided such operation is in compliance with all Environmental Laws; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; E. not exacerbate a Pre-Existing Condition; F. upon the discovery ofan Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: (i) promptly, but not later than three (3) business days after the discovery of the Environmental Condition, notify Landlord of the Environmental Condition; (ii) prior to commencement of any Environmental Remediation, submit a proposed· scope of work for the Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; (iii) after obtaining Landlord's approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; (iv) submit to Landlord in a timely manner for Landlord's review and comment the documentation and information required by Sections 30.5 and 30.6 of this Lease relating to each phase of the Environmental" Remediation, and pay all costs of Landlord described in Section 30.4; (v) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental Law; and (vi) obtain an NFR Letter or comparable acknowledgment from each federal, state, or local governmental agency with jurisdiction over the Environmental Condition that the Premises have been fully remediated without reliance on institutional controls (including but not limited to deed restrictions) or engineered barriers; 781999_9 34 MPM

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. comply with all Environmental Laws relating to the use and operation of the Premises; ; B. keep the Premises free of any Hazardous Material other than in connection with Materials; provided, however, that Tenant may use Hazardous Materials incidental to the operation ofTenantof Tenant's business on the Premises, provided such operation is used in compliance accordance with all Environmental Laws; Laws and this Lease; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; E. not exacerbate a Pre-Existing Condition of which Landlord has notified Tenant; D. in the case of an Environmental Condition; F. upon the discovery ofan Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: : (i1) promptly, but not later than three ten (310) business days after the discovery of the an Environmental Condition, notify Landlord of the Environmental Condition; ; (ii2) furnish a letter of credit, personal guaranty, escrow of funds or other security reasonably acceptable to Landlord to secure performance of Environmental Remediation and to assure Landlord that all necessary funds are readily available to Landlord to pay the costs and expenses of Environmental Remediation; (3) submit to Landlord for review and approval prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work and timetable therefor, and provide Landlord with a cost estimate for the same; (4) diligently perform Environmental Remediation., together with a timetable and a cost estimate, to as approved by Landlord for review and approval; (iii) after obtaining Landlord's approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; ; (iv5) submit to Landlord in a timely manner for Landlord's review and comment the documentation and information required by Sections 30.5 and 30.6 of this Lease relating to each phase of the Environmental" Environmental Remediation, including proof satisfactory to Landlord at the conclusion of the work of proper implementation, and pay all costs of Landlord described in Section 30.430.12(C); and (v6) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental Law; and (vi) obtain an NFR Letter comply; E. not install or comparable acknowledgment from each federaloperate any above or below ground tank, statesump, pit, pond, lagoon or local governmental agency with jurisdiction over the Environmental Condition that other storage or treatment vessel or device on the Premises have been fully remediated without reliance on institutional controls (including but first obtaining Landlord's prior written consent; F. not limited handle, use, generate, treat, dispose of or permit the use, handling, generation, treatment, storage or disposal of any Hazardous Materials in, on, under, around or above the Premises at any time during the Term, except for Hazardous Materials incidental to deed restrictions) or engineered barriers; 781999_9 34 MPMthe operation of Tenant's business used in accordance with all Environmental Laws and this Lease.

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. (a) comply with all Environmental Laws relating to the use and operation of the Premises; B. ; (b) keep the Premises free of any Hazardous Material other than Hazardous Substances customarily used in connection with the operation ofTenant's business on normal operation, repair, maintenance or cleaning of warehouses or offices ("Permitted Substances") in, by Tenant or any of the Premises, provided such operation is Tenant Group and which are used and stored in strict compliance with all Environmental Laws; C. comply with Laws and the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; E. this Lease; (c) not exacerbate a Pre-Existing Condition; F. ; (d) upon the discovery ofan of an Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: Condition: (i) promptly, but not later than three (3) business days after the discovery of the Environmental Condition, notify Landlord of the Environmental Condition; ; (ii) furnish a letter of credit, personal guaranty, escrow of funds, or other security reasonably acceptable to Landlord to secure performance of Environmental Remediation and to assure Landlord that all necessary funds are readily available to Landlord to pay the costs and expenses of Environmental Remediation provided such Environmental Remediation is not the result of a Pre-Existing Condition which Tenant has not exacerbated; (iii) prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work for the Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; ; (iiiiv) after obtaining Landlord's approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; ; (ivv) submit to Landlord in a timely manner for Landlord's review and comment the documentation and information required by Sections 30.5 32.6 and 30.6 32.7 of this Lease relating to each phase of the Environmental" Environmental Remediation, and pay all costs of Landlord described in Section 30.4; ; (vvi) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental Law; and and (vivii) obtain an NFR Letter a so-called "no further action letter" or comparable other acknowledgment from each the federal, state, or local governmental agency with jurisdiction over the Environmental Condition that the Premises have been fully remediated without reliance on institutional controls (including but not limited to deed restrictions) or engineered barriers; 781999_9 34 MPM; (e) not install or operate any above or below ground tank, sump, pit, pond, lagoon, or other storage or treatment vessel or device on the Premises without first obtaining Landlord's prior written consent; (f) not handle, use, generate, treat, dispose of, or permit the use, handling, generation, treatment, storage, or disposal of any Hazardous Material in, on, under, around, or above the Premises at any time during the Term, except for Permitted Substances used and stored in strict compliance with Environmental Laws and the terms of this Lease; (g) not use any above-ground tank (including barrels and drums), of any size within or without the Premises, except (i) in compliance with all Environmental Laws, and (ii) if secondary containment approved by Landlord is provided. Empty tanks, barrels and drums shall be presumed to have one (1) inch of product remaining when declared empty.

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. comply with all Environmental Laws relating to the use and operation of the Premises; ; B. keep the Premises free of any Hazardous Material other than in connection with the operation ofTenant's business on the PremisesMaterial, provided such operation is in compliance with all Environmental Laws; except for Permitted Materials; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; and which have been disclosed to Tenant; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; and which have been disclosed to Tenant; E. not exacerbate a Pre-Pre Existing Condition; Condition of which it had knowledge; F. upon the discovery ofan of an Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: (i) Condition, promptly, but not later than three (3) business days after the discovery of the Environmental Condition, notify Landlord of the Environmental Condition; ; G. upon the discovery of an Environmental Condition caused by Tenant or any member of the Tenant Group; (i) furnish a letter of credit, escrow of funds, or other security reasonably acceptable to Landlord to secure performance of Environmental Remediation and to assure Landlord that all necessary funds are readily available to Landlord to pay the costs and expenses of Environmental Remediation; (ii) prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work for the Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; ; (iii) after obtaining Landlord's ’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; ; (iv) submit to Landlord in a timely manner for Landlord's ’s review and comment the documentation and information required by Sections 30.5 and 30.6 of this Lease relating to each phase of the Environmental" Environmental Remediation, and pay all costs of Landlord described in Section 30.4; ; (v) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental Law; and and (vi) obtain an NFR Letter or comparable acknowledgment from each federal, state, or local governmental agency with jurisdiction over the Environmental Condition that the Premises have been fully remediated without reliance on institutional controls (including but not limited to deed restrictions) or engineered barriers; 781999_9 34 MPM; H. not install or operate any above or below ground tank, sump, pit, pond, lagoon, or other storage or treatment vessel or device on the Premises without obtaining Landlord’s prior written consent, not to be unreasonably withheld, provided, however, Landlord approves of the storage vessels containing the Hazardous Materials as described on Schedule 30.2H attached hereto and made a part hereof; I. not handle, use, generate, treat, dispose of, or permit the use, handling, generation, treatment, storage, or disposal of any Hazardous Material, except for Permitted Materials, in, on, under, around, or above the Premises at any time during the Term; J. not use any above ground tank (including barrels and drums), of any size within or without the Premises, except (i) in compliance with all Environmental Laws, and (ii) if secondary containment approved by Landlord is provided. Empty tanks, barrels and drums shall be presumed to have one (1) inch of product remaining when declared empty.

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. comply with all Environmental Laws relating to the use and operation of the Premises; ; B. keep the Premises free of any Hazardous Material other than except for Permitted Materials, which Permitted Materials shall be stored and used in connection with the operation ofTenant's business on the Premises, provided such operation is in strict compliance with all applicable Environmental Laws; ; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; E. not exacerbate a Pre-Pre Existing Condition; F. ; D. upon the discovery ofan of an Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: Condition: (i) promptly, but not later than three (3) business days after the discovery of the Environmental Condition, notify Landlord of the Environmental Condition; ; (ii) furnish a letter of credit, personal guaranty, escrow of funds, or other security reasonably acceptable to Landlord to secure performance of Environmental Remediation and to assure Landlord that all necessary funds are readily available to Landlord to pay the costs and expenses of Environmental Remediation; (iii) prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work for the Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; ; (iiiiv) after obtaining Landlord's ’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; ; (ivv) submit to Landlord in a timely manner for Landlord's ’s review and comment the documentation and information required by Sections 30.5 30.6 and 30.6 30.7 of this Lease relating to each phase of the Environmental" Environmental Remediation, and pay all costs of Landlord described in Section 30.4; 30.7 C; (vvi) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental Law; and and (vivii) obtain an NFR Letter a so called “no further remediation letter” or comparable other acknowledgment from each the federal, state, or local governmental agency with jurisdiction over the Environmental Condition that the Premises have been fully remediated without reliance on institutional controls (including but not limited to deed restrictions) or engineered barriers; 781999_9 34 MPME. not install or operate any above or below ground tank, sump, pit, pond, lagoon, or other storage or treatment vessel or device on the Premises without first obtaining Landlord’s prior written consent;

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. comply with all Environmental Laws relating to the use Use, and/or to Tenant’s use, operation and operation lease of the Premises; ; B. keep not handle, use, generate, treat, dispose of, or permit the Premises free use, handling, generation, treatment, storage, or disposal of any Hazardous Material other than in connection with violation of Environmental Laws in, on, under, around, or above the operation ofTenant's business on Project at any time during the Premises, provided such operation is in compliance with all Environmental Laws; Term; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; and provided to Tenant by Landlord; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; Project; E. not exacerbate a Pre-Existing Condition; F. upon the discovery ofan of an Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premisescaused by Tenant: (i) promptly, but not later than three (3) business days after the discovery of the Environmental Condition, notify Landlord of the Environmental Condition; (ii) prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work for the Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; (iiiiv) after obtaining Landlord's ’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; (ivv) submit to Landlord in a timely manner for Landlord's ’s review and comment the documentation and information required by Sections 30.3 and 30.5 and 30.6 of this Lease relating to each phase of the Environmental" Environmental Remediation, and pay all costs of Landlord described in Section 30.4; (v) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental LawLandlord; and (vi) obtain an NFR Letter or comparable acknowledgment from each federal, state, or local governmental agency with jurisdiction over the Environmental Condition that the Premises and/or the Project have been fully remediated without reliance on institutional controls Institutional Controls or Engineered Barriers; F. not install or operate any above or below ground tank (including but not limited to deed restrictions) barrels and drums), sump, pit, pond, lagoon, or engineered barriers; 781999_9 34 MPMother storage or treatment vessel or device on the Project without obtaining Landlord’s prior written consent and without the use of adequate secondary containment. ​

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf992596_11 27 A. comply with all Environmental Laws relating to the use Use, and/or to Tenant's use, operation and operation lease of the Premises; ; B. keep not handle, use, generate, treat, dispose of, or permit the Premises free use, handling, generation, treatment, storage, or disposal of any Hazardous Material other than in, on, under, around, or above the Project at any time during the Term, except for Permitted Hazardous Materials used in connection with the operation ofTenantordinary course of Tenant's business on the Premises, provided such operation is in compliance with all Environmental Laws; Laws and without resulting in a release to, on, at or affecting the Premises; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; Project; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; Project; E. not exacerbate a Pre-Existing Condition; F. upon the discovery ofan of an Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the PremisesCondition: (i) promptly, but not later than three (3) business days after the discovery of the Environmental Condition, notify Landlord of the Environmental Condition; (ii) furnish a letter of credit, personal guaranty, escrow of funds, or other security reasonably acceptable to Landlord to secure performance of Environmental Remediation; (iii) prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work for the Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; (iiiiv) after obtaining Landlord's approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; (ivv) submit to Landlord in a timely manner for Landlord's review and comment the documentation and information required by Sections 30.3 and 30.5 and 30.6 of this Lease relating to each phase of the Environmental" Environmental Remediation, and pay all costs of Landlord described in Section 30.4; (v) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental LawLandlord; and (vi) obtain an NFR Letter or comparable acknowledgment from each federal, state, or local governmental agency with jurisdiction over the Environmental Condition that the Premises and/or the Project have been fully remediated without reliance on institutional controls Institutional Controls or Engineered Barriers; F. except for the exterior tower tank and underground water cooling tanks existing as of the Commencement Date which Tenant may continue to operate in compliance with this Lease and without allowing a release on, at or to the Premises, not install or operate any above or below ground tank, (including barrels and drums), sump, pit, pond, lagoon, or other storage or treatment vessel or device on the Project without obtaining Landlord's prior written consent and without the use of adequate secondary containment. G. Notwithstanding any other provision of the Lease, with respect to Hazardous Materials, Tenant shall not knowingly use or store chlorinated solvents, radioactive substances, or PFAS Substances at the Premises, and Tenant shall use best efforts to manage its business to prevent such chlorinated solvents, radioactive substances or PFAS Substances from being used or stored at the Premises including, but not limited to, reviewing Safety Data Sheets and other commercially available information to deed restrictions) identify and prevent chlorinated solvents, radioactive materials or engineered barriers; 781999_9 34 MPMPFAS Substances from being used or stored at the Premises. 992596_11 28

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. (a) materially comply with all Environmental Laws relating to the use and operation of the Leased Premises; B. ; (b) keep the Leased Premises free of any Hazardous Material other than Material, provided, however, minor quantities of Hazardous Materials may be used or stored in the Premises for cleaning purposes only or in connection with the normal course of operation ofTenant's of Tenant’s business on the Leased Premises, provided so long as such operation quantities and the use thereof is done in compliance accordance with all Environmental Laws; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; E. not exacerbate a Pre-Existing Condition; F. ; (c) upon the discovery ofan of an Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: (i) Condition: 1. promptly, but not later than three five (35) business days after the discovery of the Environmental Condition, notify Landlord of the Environmental Condition; (ii) ; 2. prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work for the Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; (iii) ; 3. after obtaining Landlord's ’s approval, which approval shall not be unreasonably withheld, conditioned, conditioned or delayed, diligently perform the approved Environmental Remediation; (iv) ; 4. submit to Landlord in a timely manner for Landlord's ’s reasonable review and comment the documentation and information required by Sections 30.5 18.6 and 30.6 18.7 of this Lease relating to each phase of the Environmental" Environmental Remediation, and pay all reasonable costs of Landlord described in Section 30.4; (v) 18.7(c); 5. comply with applicable release reporting requirements under Environmental Law and provide Landlord with any information reasonably necessary for Landlord to comply with Environmental Law; and (vi) and 6. to the extent applicable, obtain an NFR Letter a so called “no further remediation letter” or comparable other acknowledgment from each the federal, state, or local governmental agency with jurisdiction over the Environmental Condition that the Leased Premises have been fully remediated without reliance on institutional controls (including but not limited to deed restrictions) or engineered barriers; 781999_9 34 MPM; (d) not install or operate any above or below ground tank, sump, pit, pond, lagoon, or other storage or treatment vessel or device in used in connection with Hazardous Materials on the Leased Premises without first obtaining Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; (e) not handle, use, generate, treat, dispose of, or permit the use, handling, generation, treatment, storage, or disposal of any Hazardous Material (except as provided in Section 18.2(b) above) in, on, under, around, or above the Leased Premises at any time during the Term; (f) not use any above ground tank (including barrels and drums), of any size within or without the Leased Premises, except (i) in compliance with all Environmental Laws, and (ii) if, reasonably required by Landlord, secondary containment is provided. .

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. comply with all Environmental Laws relating to the use and operation of the Premises; ; B. keep the Premises free of any Hazardous Material other than in connection with the operation ofTenant's business on the Premises, provided such operation is in compliance with all Environmental Laws; Materials; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; E. not exacerbate a Pre-Existing Condition; F. upon ; D. in the discovery ofan case of an Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: Condition: (i1) promptly, but not later than three (3) business days after the discovery of the an Environmental Condition, notify Landlord of the Environmental Condition; ; (ii2) furnish a letter of credit, personal guaranty, escrow of funds or other security reasonably acceptable to Landlord to secure performance of Environmental Remediation and to assure Landlord that all necessary funds are readily available to Landlord to pay the costs and expenses of Environmental Remediation; (3) submit to Landlord for review and approval prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work and timetable therefor, and provide Landlord with a cost estimate for the same; (4) diligently perform Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; as approved by Landlord; (iii) after obtaining Landlord's approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; (iv5) submit to Landlord in a timely manner for Landlord's review and comment the documentation and information required by Sections 30.5 and 30.6 of this Lease relating to each phase of the Environmental" Environmental Remediation, and pay all costs of Landlord described in Section 30.4; and (v6) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental Law; and (vi) obtain an NFR Letter comply; E. not install or comparable acknowledgment from each federaloperate any above or below ground tank, statesump, pit, pond, lagoon or local governmental agency with jurisdiction over the Environmental Condition that other storage or treatment vessel or device on the Premises have been fully remediated without reliance on institutional controls (including but first obtaining Landlord's prior written consent; F. not limited to deed restrictions) handle, use, generate, treat, dispose of or engineered barriers; 781999_9 34 MPMpermit the use, handling, generation, treatment, storage or disposal of any Hazardous Materials in, on, under, around or above the Premises at any time during the Term.

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. comply with all Environmental Laws relating to the use and operation of the Premises; ; B. keep the Premises free of any Hazardous Material other than in connection with the operation ofTenant's business on the Premises, provided such operation is in compliance with all Environmental Laws; Materials; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; E. not exacerbate a Pre-Existing Condition of which Tenant is aware; D. in the case of an Environmental Condition; F. upon the discovery ofan Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: : (i1) promptly, but not later than three (3) business days after the discovery of the an Environmental Condition, notify Landlord of the Environmental Condition; ; (ii2) escrow of funds in a manner reasonably acceptable to Landlord or other security reasonably acceptable to Landlord to secure performance of Environmental Remediation and to assure Landlord that all necessary funds are readily available to Landlord to pay the costs and expenses of Environmental Remediation; (3) submit to Landlord for review and approval prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work and timetable therefor, and provide Landlord with a cost estimate for the same; (4) diligently perform Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; as approved by Landlord; (iii) after obtaining Landlord's approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; (iv5) submit to Landlord in a timely manner for Landlord's review and comment the documentation and information required by Sections 30.5 30.6 and 30.6 of this Lease 30.7 relating to each phase of the Environmental" Environmental Remediation, including proof satisfactory to Landlord at the conclusion of the work of proper implementation, and pay all costs of Landlord described in Section 30.430.12(C); and (v6) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply comply; E. not install or operate any above or below ground tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Premises without first obtaining Landlord's prior written consent; F. not handle, use, generate, treat, dispose of or permit the use, handling, generation, treatment, storage or disposal of any Hazardous Materials in, on, under, around or above the Premises at any time during the Term; G. not store any above ground tank (including barrels and drums), of any size within or without the Premises, except (i) in compliance with all Environmental Law; Laws, and (viii) obtain an NFR Letter or comparable acknowledgment from each federalif secondary containment approved by Landlord is provided. Empty tanks, state, or local governmental agency with jurisdiction over the Environmental Condition that the Premises barrels and drums shall be presumed to have been fully remediated without reliance on institutional controls one (including but not limited to deed restrictions1) or engineered barriers; 781999_9 34 MPMinch of product remaining when declared empty.

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. comply with all Environmental Laws relating to the use and operation of the Premises; ; B. keep the Premises free of any Hazardous Material other than in connection with the operation ofTenant's business on the PremisesMaterial, provided such operation is in compliance with all Environmental Laws; except for Permitted Materials; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; and which have been disclosed to Tenant; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; and which have been disclosed to Tenant; E. not exacerbate a Pre-Pre Existing Condition; Condition of which it had knowledge; F. upon the discovery ofan of an Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: (i) Condition, promptly, but not later than three (3) business days after the discovery of the Environmental Condition, notify Landlord of the Environmental Condition; ; G. upon the discovery of an Environmental Condition caused by Tenant or any member of the Tenant Group: (i) furnish a letter of credit, escrow of funds, or other security reasonably acceptable to Landlord to secure performance of Environmental Remediation and to assure Landlord that all necessary funds are readily available to Landlord to pay the costs and expenses of Environmental Remediation; (ii) prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work for the Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; ; (iii) after obtaining Landlord's ’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; ; (iv) submit to Landlord in a timely manner for Landlord's ’s review and comment the documentation and information required by Sections 30.5 and 30.6 of this Lease relating to each phase of the Environmental" Environmental Remediation, and pay all costs of Landlord described in Section 30.4; ; (v) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental Law; and and (vi) obtain an NFR Letter or comparable acknowledgment from each federal, state, or local governmental agency with jurisdiction over the Environmental Condition that the Premises have been fully remediated without reliance on institutional controls (including but not limited to deed restrictions) or engineered barriers; H. not install or operate any above or below ground tank, sump, pit, pond, lagoon, or other storage or treatment vessel or device on the Premises without obtaining Landlord’s prior written consent, not to be unreasonably withheld; 781999_9 34 MPMprovided, however, Landlord approves of the storage vessels containing the Hazardous Materials as described on Schedule 30.2H attached hereto and made a part hereof; I. not handle, use, generate, treat, dispose of, or permit the use, handling, generation, treatment, storage, or disposal of any Hazardous Material, except for Permitted Materials, in, on, under, around, or above the Premises at any time during the Term; J. not use any above ground tank (including barrels and drums), of any size within or without the Premises, except (i) in compliance with all Environmental Laws, and (ii) if secondary containment approved by Landlord is provided. Empty tanks, barrels and drums shall be presumed to have one (1) inch of product remaining when declared empty.

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. comply with all Environmental Laws relating to the use and operation of the Premises; ; B. keep the Premises free of any Hazardous Material other than in connection with except for the operation ofTenant's business on the Premises, provided such operation is in compliance with all Environmental Laws; Permitted Materials and any Pre-Existing Condition; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; E. not exacerbate a Pre-Existing Condition; F. Condition known to Tenant; D. upon the discovery ofan of an Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: Condition: (i) promptly, but not later than three (3) business days after the discovery of the Environmental Condition, notify Landlord of the Environmental Condition; ; (ii) furnish a letter of credit, personal guaranty, escrow of funds, or other security reasonably acceptable to Landlord to secure performance of Environmental Remediation and to assure Landlord that all necessary funds are readily available to Landlord to pay the costs and expenses of Environmental Remediation; (iii) prior to commencement of any Environmental Remediation, Remediation except where immediate action is required or necessary to minimize impact submit a proposed· proposed scope of work for the Environmental Remediation., together with a timetable and a cost estimate, to Landlord for review and approval; ; (iiiiv) after obtaining Landlord's approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; ; (ivv) submit to Landlord in a timely manner for Landlord's review and comment the documentation and information required by Sections 30.5 32.6 and 30.6 32.7 of this Lease relating to each phase of the Environmental" Environmental Remediation, and pay all costs of Landlord described in Section 30.4; ; (vvi) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental Law; and and (vivii) obtain an NFR Letter a so-called "no further action letter" or comparable other acknowledgment from each the federal, state, or local governmental agency with jurisdiction over the Environmental Condition that the Premises have been fully remediated without reliance on institutional controls (including but not limited to deed restrictions) or engineered barriers; 781999_9 34 MPM; E. not install or operate any above or below ground tank, sump, pit, pond, lagoon, or other storage or treatment vessel or device on the Premises without first obtaining Landlord's prior written consent, which in the case of above ground tanks, sumps, storage or treatment vessels which do not result in structural alterations to the Premises may not be unreasonably delayed or withheld. F. not handle, use, generate, treat, dispose of, or permit the use, handling, generation, treatment, storage, or disposal of any Hazardous Material except for the Permitted Materials in, on, under, around, or above the Premises at any time during the Term; G. not use any above-ground or below-ground tank (including barrels and drums), of any size within or without the Premises, except (i) in compliance with all Environmental Laws and any and all applicable laws, ordinances, regulations and codes including, without limitation any municipal requirements to maintain such tank in accordance with National Fire Protection Association standards, and (ii) if secondary containment approved by Landlord is provided. Empty tanks, barrels and drums shall be presumed to have one (1) inch of product remaining when declared empty.

Tenant’s Covenants with Respect to Environmental Matters. During the TennTerm, Tenant, at its sole cost and expense, shall: 781999_9 33 tf: A. comply with all Environmental Laws relating to the use and operation of the Premises; ; B. keep the Premises free of any Hazardous Material other than in connection with Materials; provided, however, that Tenant may use Hazardous Materials incidental to the operation ofTenant's of Tenant’s business on the Premises, provided such operation is used in compliance accordance with all Environmental Laws; Laws and this Lease; C. comply with the terms of any NFR Letters that have been issued with respect to the Project after the Commencement Date; D. not take actions that would in any way violate, invalidate, cause noncompliance with or otherwise affect the validity of any NFR Letter issued with respect to the Project after the Commencement Date; E. not exacerbate a Pre-Existing Condition of which Landlord has notified Tenant; D. in the case of an Environmental Condition; F. upon the discovery ofan Environmental Condition that arises as a result ofany act or omission of Tenant or the Tenant Group relating to the Project or the Premises: : (i1) promptly, but not later than three ten (310) business days after the discovery of the an Environmental Condition, notify Landlord of the Environmental Condition; ; (ii2) furnish a letter of credit, personal guaranty, escrow of funds or other security reasonably acceptable to Landlord to secure performance of Environmental Remediation and to assure Landlord that all necessary funds are readily available to Landlord to pay the costs and expenses of Environmental Remediation; (3) submit to Landlord for review and approval prior to commencement of any Environmental Remediation, submit a proposed· proposed scope of work and timetable therefor, and provide Landlord with a cost estimate for the same; (4) diligently perform Environmental Remediation., together with a timetable and a cost estimate, to as approved by Landlord for review and approval; (iii) after obtaining Landlord's approval, which approval shall not be unreasonably withheld, conditioned, or delayed, diligently perform the approved Environmental Remediation; ; (iv5) submit to Landlord in a timely manner for Landlord's review and comment the documentation and information required by Sections 30.5 and 30.6 of this Lease relating to each phase of the Environmental" Environmental Remediation, including proof satisfactory to Landlord at the conclusion of the work of proper implementation, and pay all costs of Landlord described in Section 30.430.12(C); and (v6) comply with applicable release reporting requirements and provide Landlord with any information necessary for Landlord to comply with Environmental Law; and (vi) obtain an NFR Letter comply; E. not install or comparable acknowledgment from each federaloperate any above or below ground tank, statesump, pit, pond, lagoon or local governmental agency with jurisdiction over the Environmental Condition that other storage or treatment vessel or device on the Premises have been fully remediated without reliance on institutional controls (including but first obtaining Landlord’s prior written consent; F. not limited handle, use, generate, treat, dispose of or permit the use, handling, generation, treatment, storage or disposal of any Hazardous Materials in, on, under, around or above the Premises at any time during the Term, except for Hazardous Materials incidental to deed restrictions) or engineered barriers; 781999_9 34 MPMthe operation of Tenant’s business used in accordance with all Environmental Laws and this Lease.