Common use of Tenant’s Responsibility Clause in Contracts

Tenant’s Responsibility. (a) Except to the extent contributed to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsible, the Tenant shall be solely responsible and liable for any work required by any governmental authority having jurisdiction with respect to any Contaminants on, in or under the Premises during the Term of the Lease. Except (i) as caused by or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a), the Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of the Premises, or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Release, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and if the Landlord does so, the Tenant shall pay for all costs in connection therewith, within thirty (30) days after the Landlord has incurred the costs and made written demand to the Tenant. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. Without the prior written consent of Landlord, Tenant or Tenant's agents, employees, contractors and invitees (a"Tenant's Agents") Except to the extent contributed to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsiblenot bring, the Tenant shall be solely responsible and liable for any work required by any governmental authority having jurisdiction with respect to any Contaminants on, in or under the Premises during the Term of the Lease. Except (i) as caused by or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a), the Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, underuse, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of permit upon the Premises, or generate, create, release, emit, or dispose (nor permit any of the same) from the Tenant’s failure Premises any chemicals, toxic or hazardous gaseous, liquid or solid materials or waste, including without limitation, material or substance having characteristics of ignitability, corrosivity, reactivity, or toxicity or substances or materials which are listed on any of the Environmental Protection Agency's lists of hazardous wastes or which are identified in Division 22 Title 26 of the California Code of Regulations as the same may be amended from time to provide all informationtime or any other similar wastes, make all submissions, and take steps required materials or substances which are or may become regulated by all authorities or under Environmental Law. (b) Upon the occurrence authority of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Releaseapplicable local, the Tenant state or federal laws, judgments, ordinances, orders, rules, regulations, codes or other governmental restrictions, guidelines or requirements ("Hazardous Materials") except for those substances customary in typical office uses for which no consent shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such workorder to obtain consent, the Tenant shall keep deliver to Landlord its written proposal describing the Landlord fully informed toxic material to be brought onto the Premises, measures to be taken for storage and disposal thereof, safety measures to be employed to prevent pollution of the progress of the workair, ground, surface and ground water. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, Landlord's approval may be withheld in its sole discretionreasonable judgment. In the event Landlord consents to Tenant's use of Hazardous Materials on the Premises or such consent is not required, elect Tenant represents and warrants that it shall comply with all Governmental Regulations applicable to carry out Hazardous Materials including doing the following: (i) adhere to all reporting and inspection requirements imposed by Federal, State, County or Municipal laws, ordinances or regulations and will provide Landlord a copy of any such workreports or agency inspections; (ii) obtain and provide Landlord copies of all necessary permits required for the use and handling of Hazardous Materials on the Premises; (iii) enforce Hazardous Materials handling and disposal practices consistent with industry standards; (iv) surrender the Premises free from any Hazardous Materials arising from Tenant's bringing, using, permitting, generating, creating, releasing, emitting or disposing of Hazardous Materials; and (v) properly close the facility with regard to Hazardous Materials including the removal or decontamination of any process piping, mechanical ducting, storage tanks, containers, or any part of it, trenches which have come into contact with Hazardous Materials and if obtain a closure certificate from the Landlord does so, the Tenant shall pay for all costs in connection therewith, within thirty (30) days after the Landlord has incurred the costs and made written demand local administering agency prior to the Tenant. (d) The Tenant covenants, Expiration Date. Landlord acknowledges and agrees that its obligations and liabilities under this Section shall survive consents to the expiration or earlier termination storage on the Premises by Tenant of this Leasediesel fuel for Tenant's emergency generators, such storage to be in above-ground tanks reasonably approved by Landlord.

Tenant’s Responsibility. (a) Except Tenant shall pay before delinquency, at its sole cost and expense, all charges for water, gas, heat, electricity, power, telephone service, sewer service and sewer rentals charged or attributable to the extent contributed to by a Landlord Party Leased Premises, and except for those matters listed in Section 9.5(a) for which all other services or utilities used in, upon or about the Landlord shall be responsible, the Tenant shall be solely responsible and liable for any work required by any governmental authority having jurisdiction with respect to any Contaminants on, in or under the Leased Premises during the Lease Term and the cost of installing meters or check meters therefor but only if required by Landlord under this provision; provided, however, that if any such services or utilities shall be billed to Landlord and are not separately metered to the Lease. Except (i) Leased Premises, the amount thereof shall be prorated by Landlord, and Tenant shall pay to Landlord, upon demand, as caused by or contributed additional rent hereunder, Tenant's share of such combined costs, expenses and charges, which shall be an amount equal to the total charges therefor multiplied by a Landlord Party, and (ii) for those matters listed in Section 9.5(a)fraction, the numerator of which equals Tenant's estimated usage (as determined by Landlord from time to time in good faith) and the denominator of which equals the total usage of all tenants covered by such combined charges. Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises not at any time from overburden or exceed the Tenant’s use or occupancy capacity of the Premisesmains, feeders, ducts, conduits or other facilities by which such utilities are supplied to, distributed in or serve the Leased Premises and Tenant shall comply with the rules, regulations and requirements of all governmental and quasi-governmental agencies with respect thereto. Notwithstanding anything in this Lease to the contrary, if reasonably requested by Landlord based upon Tenant's electrical use being greater that that of other office tenants in the Building as determined by Landlord's electrical engineer, Tenant shall install, or from the Tenant’s failure cause to provide all informationbe installed, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence as part of any material Release of a Contaminant at the Premises and upon Improvements, separate meters for the Tenant becoming aware affected portions of such Release, the Tenant Leased Premises. Such meters shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required be installed in accordance with this section 9.2 the building specifications. Tenant shall prepare all necessary studiesreceive a credit against the cost of such separately metered electrical use, plans and proposals and submit them as reasonably determined by Landlord, at the cost charged to Tenant for the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and if the Landlord does so, the Tenant shall pay for all costs in connection therewith, within thirty (30) days after the Landlord has incurred the costs and made written demand to the Tenantseparately metered electricity used. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. The Tenant will (a) Except upon request of the Landlord: (i) promptly deliver to the extent contributed Landlord for inspection, receipts evidencing the payment of all Taxes and Business Taxes payable by the Tenant pursuant to Sections 3.2 and 3.3, respectively; (ii) promptly deliver to the Landlord copies of all bills and any notices of assessment in respect of any Taxes or Business Taxes received by the Tenant which relate to the Leased Premises; and (iii) furnish such other information in connection with any such Taxes or Business Taxes or other assessments payable by the Tenant in respect of the Leased Premises as the Landlord reasonably determines from time to time; and (b) deliver to the Landlord at least ten (10) days prior to the last day permitted for filing an appeal, a Landlord Party and except for those matters listed in Section 9.5(a) for notice of any appeal or contestation which the Tenant intends to institute with respect to Taxes or Business Taxes and consult with the Landlord shall be responsiblein advance and obtain the prior written approval of the Landlord to any such appeal or contestation. If the Tenant obtains such approval, the Tenant shall be solely responsible will deliver to the Landlord such security for the payment of Taxes and liable for any work required by any governmental authority having jurisdiction with respect to any Contaminants on, in or under Business Taxes as the Premises during the Term of the Lease. Except (i) as caused by or contributed to by a Landlord Party, deems advisable and (ii) for those matters listed in Section 9.5(a), the Tenant shall indemnifywill diligently prosecute any such appeal or contestation to a speedy resolution and will keep the Landlord informed of its progress in that regard, defend (utilizing counsel satisfactory from time to the Landlord) time. The Tenant will indemnify and hold harmless the Landlord from and the Landlord’s respective officersagainst payment for all loss, directorscosts, beneficiaries, shareholders, partners, agents charges and employees expenses occasioned by or arising from all Claims Taxes and Business Taxes and any taxes which may in future be levied in lieu of such Taxes or Business Taxes or which may be assessed against any rentals payable pursuant to this Lease in lieu of such Taxes or Business Taxes, whether against tile Landlord or the Tenant, including, without limitation, any increase whensoever occurring in Taxes or Business Taxes arising directly or indirectly out of any appeal or in any way connected with any Release of any Contaminants that occurs during contestation by the Term of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy Tenant of the Premises, Taxes or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Business Taxes. The Tenant becoming aware of such Release, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them will deliver to the Landlord such security for approval, which approved shall not be unreasonably withheld, provide all bonds any increase in Taxes and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep Business Taxes as the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and if the Landlord does so, the Tenant shall pay for all costs in connection therewith, within thirty (30) days after the Landlord has incurred the costs and made written demand to the Tenantdeems advisable. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. (a) Except to the extent contributed to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsible, the Tenant shall be solely responsible and liable for any work required by any governmental authority having jurisdiction not (either with respect to any Contaminants onor without negligence) cause or permit the escape, in illegal or under the Premises during the Term of the Lease. Except (i) as caused by improper disposal or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a), the Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, under, biologically active or about other hazardous substances or materials from or onto the Premises or the Building. For purposes of this Lease, “hazardous substances” or “hazardous materials” shall mean (i) any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, (ii) any substance which is flammable, radioactive, corrosive or carcinogenic, (iii) any substance, including without limitation medical and bio-technological waste, the presence of which causes or threatens to cause a nuisance or health hazard affecting human health, the environment, the Premises or the premises adjacent thereto, or (iv) any substance the presence of which arises at requires reporting, investigation or remediation under any time from hazardous substance law, as the same may hereafter be amended. Tenant shall not allow the storage or use of such hazardous substances or materials or other hazardous, medical, bio-technological or toxic materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, not allow to be brought into the Building in which the Premises are located any such materials or substances except to use in the ordinary course of Tenant’s business, and then only after written notice is given to Landlord of the identity of such substances or materials. Tenant shall dispose of hazardous substances or hazardous materials on the Premises or within the Building only in a manner which complies with all applicable laws or regulations. Tenant covenants and agrees that the Premises will at all times during its use or occupancy thereof be kept and maintained and Tenant’s activities conducted so as to comply with all now existing or hereafter enacted or issued statutes, laws, rules, ordinances, orders, permits and regulations of all state, federal, local and other governmental and regulatory authorities, agencies and bodies applicable to the Premises, pertaining to environmental matters or regulating, prohibiting or otherwise having to do with asbestos and all other toxic, radioactive, or hazardous wastes or material including, but not limited to, the Federal Clean Air Act, the Federal Water Pollution Control Act, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as from time to time amended (all hereafter collectively called “Laws”). Tenant shall execute affidavits, representations and the like, from time to time, at Landlord’s request, concerning Tenant’s failure to provide all information, make all submissions, best knowledge and take steps required by all authorities under Environmental Lawreasonable belief regarding the presence of hazardous substances or materials on the Premises. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Release, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and if the Landlord does so, the Tenant shall pay for all costs in connection therewith, within thirty (30) days after the Landlord has incurred the costs and made written demand to the Tenant. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. The Tenant will: (a) Except upon request of the Landlord deliver to the extent contributed Landlord for inspection, receipts for payment of all Taxes and Other Taxes payable by the Tenant; (b) promptly deliver to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsibleat least ten (10) days before the last day for appeal or contestation, notices of any Taxes or Other Taxes or other assessments received by the Tenant shall be solely responsible which relate to the Leased Premises or the Project; (c) furnish such other information in connection with any such Taxes and liable for any work required by such Other Taxes as the Landlord reasonably determines from time to time; (d) promptly deliver to the Landlord notice of any governmental authority having jurisdiction appeal or contestation the Tenant intends to institute with respect to any Contaminants on, in Taxes or under any Other Taxes and consult with and obtain the Premises during the Term prior written approval of the LeaseLandlord to the appeal or contestation. Except (i) as caused by or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a)If the Tenant obtains that approval, the Tenant shall indemnify, defend (utilizing counsel satisfactory will deliver to the Landlord) Landlord whatever security for the payment of the Taxes and hold harmless Other Taxes the Landlord considers advisable and the Tenant will diligently prosecute the appeal or contestation to a speedy resolution and will keep the Landlord informed of its progress from time to time. If the Tenant fails to give notice to the Landlord as required in this subsection, then, without limiting the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of the Premises, or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Releaseother remedies, the Tenant shall immediately give written notice to will be responsible during the Landlord. In any eventTerm, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them for payment to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress difference between the Taxes and Other Taxes which would have been payable had the appeal or contestation not been made and the Taxes and Other Taxes payable as the result of the work. If the Landlord has reasonable grounds for believing that appeal or contestation; and (e) the Tenant will not promptly or properly carry out such work, indemnify the Landlord mayagainst all Claims occasioned by or arising from all Taxes in respect of the Leased Premises and the Project and all Other Taxes and any taxes which may in future be levied in lieu of Taxes or Other Taxes or which may be assessed against any rentals payable under this Lease in lieu of Taxes or Other Taxes, whether against the Landlord or the Tenant including but not limited to any increase occurring in its sole discretion, elect Taxes or Other Taxes arising directly or indirectly out of any appeal or contestation of the Tenant of the Taxes or Other Taxes relating to carry out all such work, the Leased Premises or any part of it, and if them. The Tenant will promptly deliver to the Landlord does so, whatever security for any increase in Taxes and Other Taxes which the Landlord considers advisable; (f) the Tenant shall pay for all costs in connection therewith, within thirty (30) days hereby covenants to the Landlord that after the Landlord has incurred date of occupancy that the costs and made written demand company, its employees or agents shall not permit any unlawful use, storage, manufacturing or disposal of materials or substances deemed to the Tenantbe hazardous or dangers as defined under Federal, Provincial or Municipal environment, health or safety laws. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. (a) Except to the extent contributed to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsible, the The Tenant shall be is solely responsible and liable for any work clean-up and remediation required by the Landlord or any governmental authority Authority having jurisdiction with respect to any Contaminants on, in or under the Premises during the Term of the Lease. Except (i) as caused by or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a), the Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during Hazardous Substances or Permitted Substances which the Term of this LeaseTenant, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use Employees, any Transferee or occupancy of any Person having business with the Tenant causes or allows to be released onto or into the air, the Premises, the Common Areas, other lands and/or the groundwater or from surface waters under or on the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Lands or any other lands. Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Releaserelease, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately Landlord and take all steps required by Environmental Law necessary to remedy or otherwise address the situation giving rise to any Releasesuch release. (cb) If any work clean-up or remediation is required in accordance with this section 9.2 11.3(a), the Tenant shall shall, at its sole cost, prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities Authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the The Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and and, if the Landlord does so, the Tenant shall pay for all costs in connection therewith, together with an administrative fee equal to 15% of such costs, within thirty (30) 15 days after the Landlord has incurred the costs and made of written demand being made by the Landlord. (c) All Hazardous Substances and Permitted Substances brought or allowed onto the Lands during the Term by the Tenant, the Tenant’s Employees, any Transferee or any Person having business with the Tenant will, despite any other provision of this Lease to the contrary and any expiry, termination or disclaimer of this Lease, be and remain the property and sole responsibility of the Tenant regardless of the degree or manner of affixation of such Hazardous Substances and Permitted Substances to the Premises or the Lands. In addition, and at the option of the Landlord, anything contaminated by such Hazardous Substance or Permitted Substances will automatically become the property of the Tenant. (d) If the Tenant is required by any applicable Environmental Laws to maintain environmental and operating documents and records, including permits and licenses (collectively, “Environmental Records”), the Tenant shall maintain all requisite Environmental Records in accordance with all applicable Environmental Laws. The Landlord may inspect all Environmental Records at any time during Term on 24 hours’ prior written notice, but no prior notice shall be required in the case of an emergency, real or apprehended. (e) The Tenant covenantsshall promptly notify the Landlord in writing of: (i) any notice by any Authority alleging a possible violation of or with respect to any Environmental Laws in connection with operations or activities in the Premises; (ii) any charges laid by any Authority alleging a violation by the Tenant, acknowledges and agrees that the Tenant’s Employees or a Transferee of any Environmental Laws in connection with operations or activities in the Premises; (iii) any orders made against the Tenant pursuant to any Environmental Laws in connection with its obligations and liabilities under this Section shall survive operations or activities in the expiration Premises; and (iv) any notices received by the Tenant from any Person concerning any release or earlier termination alleged release of this Leaseany Hazardous Substances or Permitted Substances from the Premises.

Tenant’s Responsibility. (a) Except to the extent contributed to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsible, the The Tenant shall be solely responsible and liable for any work clean-up and remediation required by the Landlord or any governmental authority Authority having jurisdiction with respect to of any Contaminants on, in or under Hazardous Substances which the Premises during the Term of the Lease. Except (i) as caused by or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a)Tenant, the Tenant shall indemnifyTenant's Employees or any Transferee caused or allowed to be released onto or into the air, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of the Premises, other lands and/or the groundwater or from surface waters under or on the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Lands or any other lands. Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Releaserelease, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately Landlord and take all steps required by Environmental Law necessary to remedy or otherwise address the situation giving rise to any Releasesuch release. (cb) If any work such clean-up or remediation is required in accordance with this section 9.2 21.04(a), the Tenant shall shall, at its sole cost, prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities Authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the The Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and and, if the Landlord does so, the Tenant shall pay for all costs in connection therewith, together with an administrative fee equal to 15% of such costs, within thirty (30) 15 days after the Landlord has incurred the costs and made of written demand being made by the Landlord. (c) All Hazardous Substances brought or allowed onto the Lands during the Term by the Tenant, the Tenant's Employees or a Transferee shall, despite any other provision of this Lease to the Tenantcontrary and any expiry, termination or disclaimer of this Lease, be and remain the property and sole responsibility of the Tenant regardless of the degree or manner of affixation of such Hazardous Substances to the Premises. (d) The If the Tenant covenantsis required by any applicable Environmental Laws to maintain environmental and operating documents and records, acknowledges including, without limitation, permits and agrees that its obligations and liabilities under this Section licenses (collectively, "Environmental Records"), the Tenant shall survive the expiration or earlier termination of this Lease.maintain all requisite Environmental Records in accordance with all applicable

Tenant’s Responsibility. (a) Except Tenant shall, at Tenant's own expense, pursuant to the extent contributed to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsible, the Tenant shall be solely responsible and liable for any work required by any governmental authority having jurisdiction with respect to any Contaminants on, in or under the Premises during the Term of the Lease. Except (i) as caused by or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a), the Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term terms of this Lease, atincluding without limitation Article 8 hereof, inkeep the Premises, onincluding all improvements, fromfixtures and furnishings therein, underand the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or about worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the BuildingProject or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or which arises at any time from the Tenant’s use ordinance now or occupancy of the Premises, or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Lawhereafter in effect. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Release, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and if the Landlord does so, the Tenant shall pay for all costs in connection therewith, within thirty (30) days after the Landlord has incurred the costs and made written demand to the Tenant. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. (a) Except to the extent contributed to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsible, the acknowledges that Tenant shall be solely responsible operating a biotechnology and liable for pharmaceutical laboratory in Suite 102 of the Premises, and proper disposal of any work required by any governmental authority having jurisdiction with respect to any Contaminants on, substances in or under the Premises during in accordance with any applicable Environmental Laws, any license or permit issued to Tenant, and the Term standards of protocol observed in the Lease. Except industry shall not be a breach of this provision provided that (i) as caused by such disposal does not contaminate the Building, Premises or contributed to by a Landlord Partyreal estate upon which they are located, and (ii) for those matters listed in Section 9.5(a)Tenant does not acquire, the Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out dispose of or store any substances in any way connected with any Release of any Contaminants a manner that occurs during the Term of this Lease, at, in, on, from, under, or about the Premises or makes the Building, Premises or real estate upon which arises they are located any type of regulated treatment, storage, disposal, or recycling facility (excluding acquisition, use, short- term storage, and disposal of hazardous substances in the ordinary course of Tenant's business as a laboratory for biotechnology and pharmaceutical products in compliance with all Environmental Laws), or that makes the Building, Premises or real estate upon which they are located an illegal hazardous waste dump. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or not in compliance with the standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought onto the Property any such materials or substances except to use in the ordinary course of Tenant's business, and then only when written notice is given to Landlord, within a reasonable time after the substances or materials have been stored, of the identity of such substances or materials. For the purposes of this Section, the written notice requirement shall be satisfied by providing Landlord periodically with the Material Safety Data Sheets and typical quantities of all hazardous substances used in Tenant's laboratory operations. No such notice shall be required, however, for commercially reasonable amounts of ordinary office supplies and janitorial supplies. Tenant shall execute affidavits, representations and the like, from time to time, at any time from Landlord's request, concerning Tenant's best knowledge and belief regarding the Tenant’s presence of hazardous substances or materials on the Premises. Tenant covenants and agrees that the Premises will at all times during its use or occupancy thereof be kept and maintained so as to comply with all now existing or hereafter enacted or issued statutes, laws, rules, ordinances, orders, permits and regulations of all state, federal, local and other governmental and regulatory authorities, agencies and bodies applicable to the Premises, pertaining to environmental matters or from regulating, prohibiting or otherwise having to do with asbestos and all other toxic, radioactive, or hazardous wastes or material including, but not limited to, the Tenant’s failure to provide all informationFederal Clean Air Act, make all submissionsthe Federal Water Pollution Control Act, and take steps required by all authorities under the Comprehensive Environmental Law. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such ReleaseResponse, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, or any part of itCompensation, and if the Landlord does soLiability Act of 1980, the Tenant shall pay for as from time to time amended (all costs in connection therewith, within thirty (30) days after the Landlord has incurred the costs and made written demand to the Tenanthereafter collectively called "Laws"). (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. (a) Except to the extent contributed to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsible, the Tenant shall be solely responsible responsible, at its sole cost and liable expense, for any work required by any governmental authority having jurisdiction with respect the furnishing of all services and utilities to any Contaminants onthe Premises, in or under including, but not limited to HVAC, electricity, water, telephone, telecommunications, cleaning, pest control, trash removal and security services (as well as maintenance and repairs of the Premises during in accordance with the Term provisions of Paragraph 8(a) below and providing the Leasejanitorial and other services to the Premises as provided in Section 9.2 of that certain Amendment No. Except 5 to Marina Village Office Lease dated May 31, 2013 between Landlord and Tenant [the “Fifth Amendment”]). In connection with the foregoing, Tenant hereby agrees that (i) Landlord shall have absolutely no obligation to provide any such or other services or utilities to the Premises, it being agreed that this Lease is in the nature of a “single-tenant building” lease (although Landlord shall maintain and keep in service the existing utility connections located outside the Building and connected to the exterior of the Building as caused necessary for distribution of such utilities to the Premises by or contributed Tenant), (ii) Tenant shall contract directly with the applicable utility providers to by a Landlord Partyprovide all such utilities to the Premises, which utilities shall be separately metered, at Tenant’s cost, and (iiiii) for those matters listed in Section 9.5(a), the Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of the Premises, or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Release, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and if the Landlord does so, the Tenant shall pay for the cost of such utilities consumed at the Premises (and for all costs services provided to the Premises) directly to the applicable provider thereof. All such services and utilities for the Premises shall be provided in connection therewithsuch a manner so as to maintain the Premises and the Building in a condition consistent with the age and quality of the Building and the Comparable Buildings, within thirty and if Tenant fails to do so, and such failure shall continue for fifteen (3015) days after written notice from Landlord (which notice and cure period shall not be required in the event of an emergency), Landlord has shall have the right to provide such services and/or such utilities and any charges or costs reasonably incurred the costs by Landlord in connection therewith shall be deemed additional rent due and made payable by Tenant within ten (10) days after receipt by Tenant of a written demand to the Tenantstatement thereof from Landlord. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. (a) Except to Tenant shall keep the extent contributed to by a Landlord Party Demised Premises in good, clean and habitable condition and shall at its sole cost and expense keep the Demised Premises free of insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken glass, except for those matters listed repairs and replacements required to be made by Landlord under the provisions of Section 7.1, Article XIV (Casualty) and Article XV (Condemnation). Without limiting the coverage of the previous sentence, it is understood that Tenant's responsibilities therein include the repair and replacement of all of Tenant's lighting, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in Section 9.5(aducts, conduits, pipes, wiring, and any sewer located in, under or above the Demised Premises and serving the Demised Premises. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which the may result to its stock or business by reason of such repairs; and Tenant shall pay to Landlord shall be responsibleupon demand, as additional Rent hereunder, the Tenant shall be solely responsible cost of such repairs plus ten percent (10%) thereof as an administrative fee to Landlord plus interest at the rate of one and liable for any work required one-half percent (1 1/2%) per month, such interest to accrue continuously from the date of payment by any governmental authority having jurisdiction with respect to any Contaminants on, in or under Landlord until repayment by Tenant. At the Premises during the Term of the Lease. Except (i) as caused by or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a), the Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term expiration of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of the Premises, or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Release, the Tenant shall immediately give written notice surrender the Demised Premises in good condition, excepting reasonable wear and tear and losses required to the Landlord. In any eventbe restored by Landlord in Section 7.1, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans Article XIV and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and if the Landlord does so, the Tenant shall pay for all costs in connection therewith, within thirty (30) days after the Landlord has incurred the costs and made written demand to the Tenant. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination Article XV of this Lease.

Tenant’s Responsibility. (a) Except to the extent contributed to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall not be responsible, the liable to Tenant shall be solely responsible and liable for any work required by any governmental authority having jurisdiction with respect or to any Contaminants on, in or under the Premises during the Term of the Lease. Except other person for (i) as caused by damage to property or contributed injury or death to by a Landlord Partypersons due to the condition of the Leased Premises, and the Building or the Common Areas, or (ii) for those matters listed in Section 9.5(a), the Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of the Premises, or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence of any material Release accident in or about the Leased Premises or the Common Areas, or (iii) any act or neglect of a Contaminant Tenant or any other tenant or occupant of the Building or of any other person, unless such damage, injury or death is directly and solely the result of Landlord's negligence; and Tenant hereby releases Landlord from any and all liability for the same. Tenant will indemnify Landlord and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury, and/or damage to property arising from or out of (i) any occurrence in, upon or at the Leased Premises, however caused, including occurrences caused by the sole or contributory negligence of Tenant or its respective agents, customers, invitees, concessionaires, contractors, servants, vendors, materialmen or suppliers, or (ii) any occurrence elsewhere on the Leased Premises and upon occasioned wholly or in part by any act or omission caused by the Tenant becoming aware of such Releaseor its agents, customers, invitees, concessionaire, contractors, servants, vendors, materialmen or suppliers. In case Landlord shall be made a party to any litigation commenced by or against the Tenant for any of the above reasons, then Tenant shall immediately give written notice protect and hold Landlord harmless and pay all reasonably required costs, penalties, charges, damages, expenses and reasonable attorneys' fees paid by Landlord. It is understood that the provisions of this Section 9.01 shall apply except to the extent any such liability is caused directly by Landlord's negligence or that of its agents, materialmen, vendors or suppliers. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and if the Landlord does so, the Tenant shall pay for all costs in connection therewith, within thirty (30) days after the Landlord has incurred the costs and made written demand to the Tenant. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section This provision shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. (a) Except The Tenant shall promptly deliver to the Landlord on request, copies of assessment notices, tax bills and other documents received by the Tenant relating to Taxes and Tenant’s Taxes and receipts for payment of Taxes and Tenant’s Taxes. The Landlord hereby acknowledges that the Landlord is not concerned with those of the Tenant’s Taxes relating to the Tenant’s personal property, furnishings, business, income or occupancy to the extent contributed that the non-payment thereof cannot result in a charge against the Complex or the Leased Premises in favor of the authority levying the same (the “Tenant’s Personal Taxes”) and hereby agrees that the Tenant’s obligations herein to by deliver copies of assessment notices, tax bills and other documents relating to Tenant’s Taxes shall not extend to those relating only to Tenant’s Personal Taxes. The Tenant shall not contest any Taxes or Tenant’s Taxes or appeal any assessments relating thereto without the Landlord’s prior written approval. If the Tenant wishes to so appeal and the Tenant can demonstrate to the Landlord, acting reasonably, that the Tenant has a Landlord Party and except for those matters listed prima facie case in Section 9.5(a) for which respect thereof, the Landlord will approve the same and co-operate and join in the Tenant’s contestation or appeal to the extent reasonably as required and requested by the Tenant, and any reasonable cost of the Landlord in respect thereof shall be responsiblepayable forthwith by the Tenant upon the demand by the Landlord as an Additional Service Cost. If the Tenant obtains such approval, the Tenant shall be solely responsible deliver to the Landlord such security for the payment of such Taxes or Tenant’s Taxes as the Landlord deems advisable and liable for any work required by any governmental authority having jurisdiction with respect to any Contaminants on, in or under the Premises during the Term of the Lease. Except (i) as caused by or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a), the Tenant shall indemnify, defend (utilizing counsel satisfactory diligently prosecute any such appeal or contestation to the Landlord) a speedy resolution and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of the Premises, or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Release, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the its progress of the work. If the Landlord has reasonable grounds for believing in that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect regard from time to carry out all such work, or any part of it, and if the Landlord does so, the Tenant shall pay for all costs in connection therewith, within thirty (30) days after the Landlord has incurred the costs and made written demand to the Tenanttime. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. The Tenant will, (a) Except upon request of the Landlord deliver to the extent contributed Landlord for inspection, receipts for payment of all Taxes and Business Taxes payable by the Tenant, (b) promptly deliver to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsibleby registered mail at least ten (10) days before the last day for appeal or contestation, notices of any Assessments or any Taxes or Business Taxes or other assessments received by the Tenant shall be solely responsible which relate to the Leased Premises, (c) furnish such other information in connection with any such Taxes and liable for any work required such Business Taxes as the Landlord reasonably determines from time to time, (d) promptly deliver to the Landlord notice, by registered mail, of any governmental authority having jurisdiction appeal or contestation the Tenant intends to institute with respect to any Contaminants on, in Taxes or under any Business Taxes and consult with and obtain the Premises during the Term prior written approval of the LeaseLandlord to the appeal or contestation. Except (i) as caused by or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a)If the Tenant obtains that approval, the Tenant shall indemnifywill deliver to the Landlord whatever security for the payment of the Taxes and Business Taxes the Landlord considers advisable and the Tenant will diligently prosecute the appeal or contestation to a speedy resolution and will keep the Landlord informed of its progress from time to time. If the Tenant fails to five notice to the Landlord required in this subparagraph, defend (utilizing counsel satisfactory then, without limiting the Landlord's other remedies, the Tenant will be responsible during the Term, for payment to the Landlord, the difference between the Taxes and Business Taxes which would have been payable as the result of the appeal or contestation not been made and the Taxes and Business Taxes payable as a result of the appeal or contestation, (e) and hold harmless the Tenant will indemnify the Landlord against all loss, cost, charges and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees expenses occasioned by or arising from all Claims Taxes in respect of the Leased Premises and all Business Taxes and any taxes which may in future be levied in lieu of Taxes or Business Taxes or which may be assessed against any rentals payable under this Lease in Lieu of Taxes or Business Taxes, whether against the Landlord or the Tenant including but not limited to any increase occurring in Taxes or Business Taxes arising directly or indirectly out of any appeal or in any way connected with any Release contestation of any Contaminants that occurs during the Term Tenant of this Lease, at, in, on, from, under, the Taxes or about Business Taxes relating to the Leased Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of the Premises, or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Release, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, Project or any part of it, and if them. The Tenant will promptly deliver to the Landlord does so, the Tenant shall pay whatever security for all costs any increase in connection therewith, within thirty (30) days after Taxes and Business Taxes which the Landlord has incurred the costs and made written demand to the Tenantconsiders advisable. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. The Tenant will: (a) Except upon request of the Landlord deliver to the extent contributed Landlord for inspection, receipts for payment of all Taxes and Other Taxes payable by the Tenant; (b) promptly deliver to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsibleat least ten (10) days before the last day for appeal or contestation, notices of any Taxes or Other Taxes or other assessments received by the Tenant shall be solely responsible which relate to the Leased Premises; (c) furnish such other information in connection with any such Taxes and liable for any work required by such Other Taxes as the Landlord reasonably determines from time to time; (d) promptly deliver to the Landlord notice of any governmental authority having jurisdiction appeal or contestation the Tenant intends to institute with respect to any Contaminants on, in Taxes or under any Other Taxes and consult with and obtain the Premises during the Term prior written approval of the LeaseLandlord to the appeal or contestation. Except (i) as caused by or contributed to by a Landlord Party, and (ii) for those matters listed in Section 9.5(a)If the Tenant obtains that approval, the Tenant shall indemnify, defend (utilizing counsel satisfactory will deliver to the Landlord) Landlord whatever security for the payment of the Taxes and hold harmless Other Taxes the Landlord considers advisable and the Tenant will diligently prosecute the appeal or contestation to a speedy resolution and will keep the Landlord informed of its progress from time to time. If the Tenant fails to give notice to the Landlord as required in this subsection, then, without limiting the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of the Premises, or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Releaseother remedies, the Tenant shall immediately give written notice to will be responsible during the Landlord. In any eventTerm, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them for payment to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress difference between the Taxes and Other Taxes which would have been payable had the appeal or contestation not been made and the Taxes and Other Taxes payable as the result of the work. If the Landlord has reasonable grounds for believing that appeal or contestation; and (e) the Tenant will not promptly or properly carry out such work, indemnify the Landlord mayagainst all Claims occasioned by or arising from all Taxes in respect of the Leased Premises and all Other Taxes and any taxes which may in future be levied in lieu of Taxes or Other Taxes or which may be assessed against any rentals payable under this Lease in lieu of Taxes or Other Taxes, whether against the Landlord or the Tenant including but not limited to any increase occurring in its sole discretion, elect Taxes or Other Taxes arising directly or indirectly out of any appeal or contestation of the Tenant of the Taxes or Other Taxes relating to carry out all such work, the Leased Premises or any part of it, and if them. The Tenant will promptly deliver to the Landlord does so, the Tenant shall pay whatever security for all costs any increase in connection therewith, within thirty (30) days after Taxes and Other Taxes which the Landlord has incurred the costs and made written demand to the Tenantconsiders advisable. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.

Tenant’s Responsibility. (a) Except to the extent contributed to by a Landlord Party and except for those matters listed in Section 9.5(a) for which the Landlord shall be responsible, the Tenant shall be solely responsible responsible, at its sole cost and liable expense, for any work required by any governmental authority having jurisdiction with respect the furnishing of all services and utilities to any Contaminants onthe Premises, in or under including, but not limited to HVAC, electricity, water, telephone, telecommunications, janitorial, cleaning, pest control, trash removal, security services, and replacement of all light bulbs, lamps, starters and ballasts for lighting fixtures within the Premises during the Term (as well as maintenance and repairs of the LeasePremises in accordance with the provisions of Paragraph 8(a) below). Except In connection with the foregoing, Tenant hereby agrees that (i) Landlord shall have absolutely no obligation to provide any such or other services or utilities to the Premises, it being agreed that this Lease is in the nature of a “single-tenant building” lease (although Landlord shall maintain and keep in service the existing utility connections located outside the Building and connected to the exterior of the Building as caused necessary for distribution of such utilities to the Premises by or contributed Tenant), (ii) Tenant shall contract directly with the applicable utility providers to by a Landlord Partyprovide all such utilities to the Premises, which utilities shall be separately metered, at Tenant’s cost, and (iiiii) for those matters listed in Section 9.5(a), the Tenant shall indemnify, defend (utilizing counsel satisfactory to the Landlord) and hold harmless the Landlord and the Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents and employees from all Claims arising out of or in any way connected with any Release of any Contaminants that occurs during the Term of this Lease, at, in, on, from, under, or about the Premises or the Building, or which arises at any time from the Tenant’s use or occupancy of the Premises, or from the Tenant’s failure to provide all information, make all submissions, and take steps required by all authorities under Environmental Law. (b) Upon the occurrence of any material Release of a Contaminant at the Premises and upon the Tenant becoming aware of such Release, the Tenant shall immediately give written notice to the Landlord. In any event, the Tenant shall immediately take all steps required by Environmental Law to remedy or otherwise address the situation giving rise to any Release. (c) If any work is required in accordance with this section 9.2 the Tenant shall prepare all necessary studies, plans and proposals and submit them to the Landlord for approval, which approved shall not be unreasonably withheld, provide all bonds and other security required by any lawful governmental authorities and carry out the work required. In carrying out such work, the Tenant shall keep the Landlord fully informed of the progress of the work. If the Landlord has reasonable grounds for believing that the Tenant will not promptly or properly carry out such work, the Landlord may, in its sole discretion, elect to carry out all such work, or any part of it, and if the Landlord does so, the Tenant shall pay for the cost of such utilities consumed at the Premises (and for all costs services provided to the Premises) directly to the applicable provider thereof. All such services and utilities for the Premises shall be provided in connection therewithsuch a manner so as to maintain the Premises and Building in first-class condition consistent with the first-class nature of the Project, within thirty and if Tenant fails to do so, and such failure shall continue for fifteen (3015) days after notice from Landlord (which notice shall not be required in the event of an emergency), Landlord has shall have the right to provide such services and/or such utilities and any charges or costs incurred the costs by Landlord in connection therewith shall be deemed additional rent due and made payable by Tenant upon receipt by Tenant of a written demand to the Tenantstatement thereof from Landlord. (d) The Tenant covenants, acknowledges and agrees that its obligations and liabilities under this Section shall survive the expiration or earlier termination of this Lease.