Common use of Use of Hazardous Materials Clause in Contracts

Use of Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials to be used, stored, discharged, released or disposed of in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the Building, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.

Use of Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials to be used, stored, discharged, released or disposed of in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, on, from, under or about, the Property, or any other land or improvements in the vicinity of the Property. Notwithstanding the foregoing, excepting only Tenant may use and store in the Premises such types and minor quantities of Hazardous Materials which as are normally used in connection with Tenant’s permitted use, operation and maintenance use of the Premises and then only in strict accordance with all Legal RequirementsApplicable Laws, including all Environmental Laws Laws. Within thirty (30) days after the Effective Date, Tenant shall provide Landlord a complete list of all Hazardous Materials (other than standard janitorial and office products) used or stored, and expected to be used or stored, by Tenant or any of Tenant’s Agents at the Premises during the term of the Prior Lease or during the Term of this Lease, which list shall include MSDS sheets for all such Hazardous Materials and shall identify the equipment and systems within the Premises affected by such Hazardous Materials in Tenant’s business operations (“Permitted SubstancesTenant’s Hazardous Materials Plan”). Throughout the Term on an annual basis and upon Landlord’s written request, Tenant shall continue to update Tenant’s Hazardous Materials Plan so that it remains current. Without limiting the foregoing, Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the BuildingPremises. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the Building, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.

Use of Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials to be used, stored, discharged, released or disposed of in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the BuildingBuildings. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the BuildingBuildings, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Building Buildings and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building Buildings to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.

Use of Hazardous Materials. Tenant agrees that during the Term of this Lease, Tenant shall not cause use, or permit any the use of, nor store, generate, treat, manufacture or dispose of Hazardous Materials to be usedon, stored, discharged, released from or disposed of in under the Premises or cause any Hazardous Materials (individually and collectively, “HAZARDOUS USE”) except to the extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. Notwithstanding the foregoing, Tenant shall be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting entitled to use and store only the types and minor quantities of those Hazardous Materials which are normally used (a) set forth in connection a list prepared by Tenant and approved in writing by Landlord, which shall be deemed given with respect to the Approved Hazardous Materials (hereinafter defined), (b) necessary for Tenant’s permitted usebusiness, operation but then only in the amounts and maintenance for the purposes previously disclosed in writing to and approved in writing by Landlord, and (c) in full compliance with Environmental Laws, and all judicial and administrative decisions pertaining thereto. All Hazardous Materials approved in writing by Landlord as provided in the preceding sentence shall collectively be referred to as the “APPROVED HAZARDOUS MATERIALS”. Within thirty (30) days after request by Landlord, Tenant shall deliver to Landlord a list of the Approved Hazardous Materials. Tenant shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord’s sole discretion. For the purposes of this PARAGRAPH 11.B.(iii), the term Hazardous Use shall include Hazardous Use(s) on, from or under the Premises by Tenant, any Subtenant occupying all or any portion of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at during the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the BuildingTerm, or any soil of their directors, officers, employees, shareholders, partners, invitees, agents, contractors or groundwater inoccupants (collectively, under “TENANT’S PARTIES”), whether known or about the Property in each case unknown to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, occurring during the Term of this Lease. The term “TENANT’S PARTIES” shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance not include any tenants of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.the

Use of Hazardous Materials. Tenant shall not cause or permit allow any Hazardous Materials Material to be used, storedgenerated, dischargedmanufactured, released released, stored or disposed of in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, fromon, under or about, or transported from, the PropertyPremises, or any other land or improvements unless: (a) such use is specifically disclosed to and approved by Landlord in writing prior to such use, and (b) such use is conducted in compliance with the provisions of this Article. Xxxxxxxx’s consent may be withheld in Landlord’s sole discretion except however, such consent shall not be required in the vicinity event that the Hazardous Materials are of the Propertytype or reasonably related to those materials described in the Hazardous Materials List hereinafter defined. Landlord may approve such use subject to reasonable conditions to protect the Premises and Xxxxxxxx’s interests. Landlord may withhold approval if Landlord determines that such proposed use involves a material risk of a release or discharge of Hazardous Materials or a violation of any Hazardous Materials Laws or that Tenant has not provided reasonably sufficient assurances of its ability to remedy such a violation and fulfill its obligations under this Article. Notwithstanding the foregoing, excepting only Landlord hereby consents to allow Tenant to use Hazardous Materials in connection with its use of the types Premises, and minor Xxxxxx agrees to deliver to Landlord prior to the Commencement Date a list identifying each type (and quantity) of Hazardous Materials to be present on the Premises and setting forth any and all governmental approvals or permits required in connection with the presence of Hazardous Materials on the Premises (“Hazardous Materials List”). Tenant shall deliver to Landlord an updated Hazardous Materials List at least once a year and shall also deliver an updated list before any new (or additional quantities of) Hazardous Materials are brought onto the Premises or on or before the date Tenant obtains any additional permits or approvals. Landlord also hereby consents to Tenant’s use, storage or disposal of products containing small quantities of Hazardous Materials which that are normally used of a type customarily found in connection with Tenant’s permitted offices and households (such as aerosol cans containing insecticides, toner for copies, paints, paint remover and the like) provided that Tenant shall handle, use, operation store and maintenance dispose of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s such Hazardous Materials in total conformity with all Environmental Laws a safe and prudent industry practices regarding management of lawful manner and shall not allow such Hazardous Materials. Without limiting Materials to contaminate the foregoing, if any Tenant’s Hazardous Materials result in contamination of the Building, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.Premises

Use of Hazardous Materials. Tenant agrees that during the Term of this Lease, Tenant shall not cause use, or permit any the use of, nor store, generate, treat, manufacture or dispose of Hazardous Materials to be usedon, stored, discharged, released from or disposed of in under the Premises or cause any (individually and collectively, "Hazardous Materials Use") except to the extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. Notwithstanding the foregoing, Tenant shall be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting entitled to use and store only the types and minor quantities of those Hazardous Materials which are normally used (a) set forth in connection a list prepared by Tenant and approved in writing by Landlord, which shall be deemed given with respect to the Approved Hazardous Materials (hereinafter defined), (b) necessary for Tenant’s permitted use's business, operation but then only in the amounts and maintenance for the purposes previously disclosed in writing to and approved in writing by Landlord, and (c) in full compliance with Environmental Laws, and all judicial and administrative decisions pertaining thereto. All Hazardous Materials approved in writing by Landlord as provided in the preceding sentence shall collectively be referred to as the "Approved Hazardous Materials". Within thirty (30) days after request by Landlord, Tenant shall deliver to Landlord a list of the Approved Hazardous Materials. Tenant shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord's sole discretion. For the purposes of this Paragraph 11.B.(iii), the term Hazardous Use shall include Hazardous Use(s) on, from or under the Premises by Tenant, any Subtenant occupying all or any portion of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at during the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the BuildingTerm, or any soil of their directors, officers, employees, shareholders, partners, invitees, agents, contractors or groundwater inoccupants (collectively, under or about "Tenant's Parties"; provided, however, that if Tenant's stock is publicly traded, the Property in each case to the extent the presence term "Tenant's Parties" shall not include any shareholder of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.

Use of Hazardous Materials. Tenant agrees that during -------------------------- the Term of this Lease, Tenant shall not cause use, or permit any the use of, nor store, generate, treat, manufacture or dispose of Hazardous Materials to be usedon, stored, discharged, released from or disposed of in under the Premises or cause any (individually and collectively, "Hazardous Materials Use") except to the ------------- extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. Notwithstanding the foregoing, Tenant shall be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting entitled to use and store only the types and minor quantities of those Hazardous Materials which are normally used (a) set forth in connection a list prepared by Tenant and approved in writing by Landlord, which shall be deemed given with respect to the Approved Hazardous Materials (hereinafter defined), (b) necessary for Tenant’s permitted use's business, operation but then only in the amounts and maintenance for the purposes previously disclosed in writing to and approved in writing by Landlord, and (c) in full compliance with Environmental Laws, and all judicial and administrative decisions pertaining thereto. All Hazardous Materials approved in writing by Landlord as provided in the preceding sentence shall collectively be referred to as the "Approved Hazardous Materials". Within thirty (30) days after request by -------- Landlord, Tenant shall deliver to Landlord a list of the Approved Hazardous ---------------- Materials. Tenant shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord's sole discretion. For the purposes of this Paragraph 11.B.(iii), the term Hazardous -------------------- Use shall include Hazardous Use(s) on, from or under the Premises by Tenant, any Subtenant occupying all or any portion of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at during the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the BuildingTerm, or any soil of their directors, officers, employees, shareholders, partners, invitees, agents, contractors or groundwater inoccupants (collectively, under "Tenants Parties"), whether --------------- known or about the Property in each case unknown to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, occurring during the Term of this Lease. The term "Tenant's Parties" shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance not include any tenants of the Project other than ---------------- Tenant’s Hazardous Material, subject to Landlord’s right to approve except that the term "Tenant’s proposed remediation method. On 's Parties" shall include any Subtenant occupying all or prior to any portion of the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about Premises during the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous MaterialsTerm.

Use of Hazardous Materials. Notwithstanding anything to the contrary contained herein, Tenant shall not cause not, nor shall Tenant permit its employees, invitees, agents, independent contractors, contractors, assignees or permit subtenants (each, a “Tenant Related Party”) to, keep, maintain, use or store any Hazardous Materials in any portions of the Premises other than the Phase I Premises. As a material inducement to be used, stored, discharged, released or disposed of Landlord to allow Tenant to use Hazardous Materials in the Phase I Premises in connection with its business, Tenant agrees to deliver to Landlord, at least sixty (60) days prior to the Occupancy Date, a list identifying the type and amount of all Hazardous Materials that Tenant will keep, maintain, use or cause store at the Phase I Premises (the “Hazardous Materials Schedule”), which initial Hazardous Materials Schedule shall be subject to Landlord’s reasonable review and approval. Tenant shall not, nor shall Tenant permit any Tenant Related Party to, keep, maintain, use or store any Hazardous Materials to be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of Phase I Premises other than the PropertyHazardous Materials set forth on such Hazardous Materials Schedule or other Hazardous Materials in such limited amounts and for such purposes (such as cleaning) as may be permitted by applicable Legal Requirements (“Tenant’s Hazardous Materials”), excepting only unless the types same are reasonably approved by Landlord. Tenant shall deliver MSDS sheets (and minor quantities proposed quantities) with all requests for approval of Hazardous Materials which are normally used in connection with Tenant’s permitted as required above, and shall be responsible for notifying all federal, state and local authorities (including the Town of Waltham Fire Department) of the use, operation storage and maintenance of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use disposal of Hazardous Materials at by Tenant to the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Buildingextent required by applicable Legal Requirements. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials shall at all times be brought upon, kept or used in total conformity accordance with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s applicable Hazardous Materials result in contamination of Laws. Tenant shall maintain at the BuildingPhase I Premises its Hazardous Materials Schedule (as defined above). Upon Landlord’s request, or any soil time that Tenant intends to add a new Hazardous Material or groundwater materially increase the quantity of any Hazardous Material to the Hazardous Materials Schedule initially provided to Landlord as aforesaid, Tenant shall update the Hazardous Materials Schedule and deliver the same to Landlord for Landlord’s approval (not to be unreasonably withheld, conditioned or delayed) with respect to such new or increased Hazardous Materials as required above. The Hazardous Materials Schedule shall be reasonably available to the Landlord at the Phase I Premises upon the Landlord’s written request. Further, (i) Tenant shall not, nor shall Tenant permit a Tenant Related Party to, dispose of (into the sewage or waste disposal system or otherwise) or engage in any activity which might produce or generate any Hazardous Materials except as indicated on the Hazardous Materials Schedule or except in such limited amounts and for such purposes (such as cleaning) as may be permitted by applicable Legal Requirements; (ii) Tenant shall immediately notify Landlord of any incident in, under on or about the Property Premises, the Building or the Site that would require the filing of a notice under any Hazardous Materials Laws, (iii) Tenant shall comply and shall cause all Tenant Related Parties to comply with each of the foregoing; and (iv) Landlord shall have the right, at Landlord’s expense, to make such reasonable inspections (including testing) upon reasonable notice to Tenant, at reasonable times, in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, Tenant representative and subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materialsreasonable confidentiality and security policies, as Landlord shall reasonably elect from time to time to determine that Tenant is complying with the foregoing.

Use of Hazardous Materials. Except as provided herein, Tenant shall not cause or permit any Hazardous Materials Material (as defined below) to be brought upon, kept or used in or about the Premises or the Building by Tenant or Tenant' s employees, contractors, agents or invitees without the prior written consent of Landlord, which consent may be granted or withheld in Landlords sole discretion. As a condition of obtaining Landlord's consent, Tenant must demonstrate to Landlord's sole satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, storedkept, discharged, released or stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises or Premises. Tenant shall cause any Hazardous Materials Material (including infectious waste) to be usedtransported solely by duly licensed Hazardous Material transporters to duly licensed facilities for final disposal, storedto the extent required by and in accordance with the applicable Hazardous Material laws, discharged, released or disposed and shall deliver to Landlord copies of in, from, under or about, any hazardous waste transport manifest reflecting the Propertyproper disposal of such Hazardous Material. Indemnification of Landlord. If Tenant breaches the foregoing obligations related to any Hazardous Material, or any other land if the presence of Hazardous Material on or improvements about the Premises caused or permitted by Tenant results in the vicinity contamination of the PropertyPremises, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance or if contamination of the Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify,- defend and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of hold Landlord harmless from any and all permitsclaims, licensesjudgments, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premisesdamages, penalties, fines, costs, liabilities or losses (including, without limitation, discharge diminution in value of appropriately treated materials the Premises, damages for the loss or wastes into restriction on use of rentable or through usable space or amenity of the Premises, the Building or the Project, and damages arising from any sanitary sewer serving adverse impact on marketing of space and sums paid in settlement of claims, attorneys' fees, consultation fees and expert fees) which arise during or after the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean- up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous MaterialsMaterial is present in the soil or groundwater under the Premises or the Land. Without limiting the foregoing, if the presence of any Tenant’s Hazardous Materials result Material on the Premises or the Land caused or permitted by Tenant results in any contamination of the BuildingPremises or the Land, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, Tenant shall promptly take all actions at its sole expense as are necessary to return restore the Building and/or Premises and the Property, Land to the condition existing prior to the appearance introduction of the Tenant’s any such Hazardous Material; provided that Landlord's prior written approval of such actions shall first be obtained, subject to Landlord’s right to approve Tenant’s proposed remediation methodwhich approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises or the Land. On or prior to the Termination Date, The foregoing indemnity obligations of Tenant shall cause all Tenant’s survive the expiration or earlier termination of this Lease. Definitions. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials inTable (49 CFR 172. 101) or by, onthe United States Environmental Protection Agency as hazardous substances (40 CFR Part 302), as amended, or as defined in The Florida Statutes, as amended, or such substances, materials and wastes that are or become regulated under any applicable local, state or about federal law, including infectious waste governed by the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence provisions of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materialsapplicable law and the rules and regulations promulgated thereunder.

Use of Hazardous Materials. Except as provided herein, Tenant shall not cause or permit any Hazardous Materials Material to be brought upon, kept or used in or about the Demised Premises by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole discretion. As a condition to obtaining Landlord's consent, Tenant must demonstrate to Landlord's sole satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, storedkept, discharged, released or stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, from, under or about, Demised Premises. If Tenant breaches the Propertyobligations stated in the preceding sentences, or any other land if the presence of Hazardous Material on the Demised Premises caused or improvements permitted by Tenant results in the vicinity contamination of the PropertyDemised Premises, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance or if contamination of the Demised Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of hold Landlord harmless from any and all permitsclaims, licensesjudgments, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premisesdamages, penalties, fines, costs, liabilities or losses (including, without limitation, discharge diminution in value of appropriately treated materials the Demised Premises and reasonable attorneys' fees, consultant fees and expert fees) which arise during or wastes into or through any sanitary sewer serving after the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous MaterialsMaterial present in the soil or ground water on or under the Demised Premises and is caused by Tenant. Without limiting the foregoing, if the presence of any Tenant’s Hazardous Materials result Material on the Demised Premises caused or permitted by Tenant results in any contamination of the BuildingDemised Premises, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building and/or the Property, Demised Premises to the condition existing prior to the appearance introduction of the Tenant’s any such Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior materials to the Termination DateDemised Premises; provided that Landlord's approval of such actions shall first be obtained, Tenant which approval shall cause all Tenant’s Hazardous Materials in, on, under not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or about short-term effect on the Building to be removed in accordance with and in compliance with all Legal RequirementsDemised Premises. Tenant The foregoing indemnity shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to survive the presence expiration or earlier termination of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materialsthis Lease.

Use of Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials to be usedbrought upon, storedkept, discharged, released or disposed of used in the Premises or cause within the Project by Tenant, its agents, employees, contractors or invitees in a manner or for a purpose prohibited by or which could result in liability under any applicable law, regulation, rule or ordinance, including, without limitation, the Hazardous Materials Laws. Tenant shall, at its own expense, at all times and in all respects comply with all Hazardous Materials Laws relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials to be usedon the Premises or brought upon, stored, discharged, released or disposed of in, from, under or about, the Propertykept, or any other land used within the Project by Tenant, its agents, employees, contractors or improvements in the vicinity of the Property, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”)invitees. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, licenses and other governmental and regulatory approvals required for Tenant’s use relating to the presence of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the Building, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials inwithin, on, under or about the Building Premises or required for Tenant's use of the Premises. Tenant shall cause any and all Hazardous Materials to be removed from the Premises and transported in accordance with and in compliance with all Legal RequirementsHazardous Materials Laws. Tenant shall promptly notify Landlord in all respects, handle, treat, deal with, and obtain Landlord’s written approval before taking manage any and all Hazardous Materials in conformance with Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Upon expiration or earlier termination of this Lease, Tenant shall at its own expense, cause all Hazardous Materials (to the extent such Hazardous Materials are generated, stored, released or disposed of during the Term of this Lease by Tenant) to be removed from the Premises and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence of any Tenant’s Hazardous Materials in, on, about or entering under the Premises or the Project, nor enter into any settlement agreement, consent consent, decree or other compromise with in respect to any claims relating to or in any way connected with the Premises or the Project without first notifying Landlord of Tenant’s Hazardous Materials's intention to do so and affording Landlord ample opportunity to take over the obligation for such remedial action and/or appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto.

Use of Hazardous Materials. Tenant Other than those Hazardous Materials used in the ordinary course of business, Manager shall not cause or permit use any Hazardous Materials to be usedin any Property where use of such material would violate any Environmental Law. As used herein, stored(i) Hazardous Materials” any oil and petroleum products, dischargedasbestos, released or disposed of in the Premises or cause any Hazardous Materials to be usedpolychlorinated biphenyl, storedradon and urea formaldehyde, discharged, released or disposed of in, from, under or about, the Property, or and any other land materials classified as hazardous or improvements in the vicinity of the Property, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance of the Premises and then only in strict accordance with all Legal Requirements, including all toxic or as pollutants or contaminants under any Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licensesLaw, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at (ii) “Environmental Law” means any federal, state or local law, ordinance or regulation applicable where the PremisesProperty is located pertaining to health, industrial hygiene, waste disposal or the environment, including, without limitation, discharge the Comprehensive Environmental Response, Compensation and Liability Act of appropriately treated materials or wastes into or through any sanitary sewer serving 1980, as amended, the Building. Tenant shall in all respects handleSuperfund Amendments and Reauthorization Act of 1986, treatas amended, deal with the Resource Conservation and manage any Recovery Act of 1976, as amended, the Clean Air Act, as amended, the Water Pollution Control Act, as amended and all Tenant’s Clean Air Act of 1977, as amended, the Insecticide, Fungicide and Rodenticide Act, as amended, the Pesticide Act of 1977, as amended, the Toxic Substances Control Act, as amended, the Safe Drinking Water Act, as amended, the Hazardous Materials Transportation Act, as amended, and any successor laws and regulations adopted and publications promulgated pursuant thereto. Water Features. If a Property contains an above or below ground pool, lake or any body of water, Company acknowledges that the city, county or municipality in total conformity which the Property is located may have different swimming pool barrier requirements than the respective Property’s state requirements and that Company shall comply with all Environmental Laws applicable state, city, county and prudent industry practices regarding management municipal pool barrier requirements and/or any other requirements in connection with the installation of any necessary pool barrier at Company’s cost and expense. If Manager is or has actual knowledge that the installation of a barrier is necessary to comply with such Hazardous Materials. Without limiting the foregoingrequirements or regulations on a Property, if any Tenant’s Hazardous Materials result in contamination it shall notify Company of the Building, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, and shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenantinstall such barrier at Company’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation methodcost and expense. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials[Signature page follows.] 3674238.4

Use of Hazardous Materials. Tenant shall not cause or permit allow any Hazardous Materials Material to be used, storedgenerated, dischargedmanufactured, released released, stored or disposed of in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, fromon, under or about, or transported from, the PropertyPremises, or any other land or improvements unless: (a) such use is specifically disclosed to and approved by Landlord in writing prior to such use, and (b) such use is conducted in compliance with the provisions of this Article. Attached hereto as Exhibit "D" is a list of Hazardous Materials Tenant intends to use in the vicinity Premises, the use of which Landlord hereby approves subject to the Propertyother terms and conditions of this Lease. Landlord agrees not to unreasonably withhold, excepting only delay or condition any consent to any request by Tenant for consent to use additional Hazardous Materials so long as such additional Hazardous Materials are necessary for Tenant to conduct the types business described in Section 1.8, and minor Landlord shall not unreasonably withdraw such consent to such materials. In all other cases, Landlord's consent may be withheld in Landlord's sole discretion and, if granted, may be revoked at any time. Landlord may approve such use subject to reasonable conditions to protect the Premises and Landlord's interests. Landlord may withhold approval if Landlord determines that such proposed use involves a material risk of a release or discharge of Hazardous Materials or a violation of any Hazardous Materials Laws or that Tenant has not provided reasonably sufficient assurances of its ability to remedy such a violation and fulfill its obligations under this Article. Notwithstanding the foregoing, Landlord hereby consents to Tenant's use, storage or disposal of products containing small quantities of Hazardous Materials which that are normally used of a type customarily found in connection with Tenant’s permitted offices and households (such as aerosol cans containing insecticides, toner for copies, paints, paint remover and the like) provided that Tenant shall handle, use, operation store and maintenance dispose of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s such Hazardous Materials in total conformity with all Environmental Laws a safe and prudent industry practices regarding management of lawful manner and shall not allow such Hazardous Materials. Without limiting Materials to contaminate the foregoing, if any Tenant’s Hazardous Materials result in contamination of the Building, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous MaterialsPremises.

Use of Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials to be used, stored, discharged, released or disposed of in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with incidental to Tenant’s 's permitted use, operation and maintenance use of the Premises and then only in strict accordance with all Legal RequirementsApplicable Laws, including all Environmental Laws (“Permitted Substances”)Laws. Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s 's use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the BuildingPremises. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s 's Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s 's Hazardous Materials result in contamination of the BuildingPremises, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safetyProperty, Tenant, at its expense, shall promptly take all actions necessary to return the Building Premises and/or the Property, to the condition existing prior to the appearance of the such Tenant’s 's Hazardous Material, subject to Landlord’s 's right to approve Tenant’s 's proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s 's Hazardous Materials at, in, on, under or about the Building Premises to be removed in accordance with and in compliance with all Legal RequirementsApplicable Laws. Tenant shall promptly notify Landlord and obtain Landlord’s 's written approval before taking any remedial action in response to the presence of any Tenant’s 's Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s 's Hazardous Materials. Tenant shall retain full responsibility and decision-making authority for the characterization, packaging, labeling, manifesting, storage, transportation, handling and disposal of Tenant's Hazardous Materials.

Use of Hazardous Materials. Tenant agrees that during the -------------------------- Term of this Lease, Tenant shall not cause use, or permit any the use of, nor store, generate, treat, manufacture or dispose of Hazardous Materials to be usedon, stored, discharged, released from or disposed of in under the Premises or cause any (individually and collectively, "Hazardous Materials Use") except to the ------------- extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. Notwithstanding the foregoing, Tenant shall be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting entitled to use and store only the types and minor quantities of those Hazardous Materials which are normally used (a) set forth in connection a list prepared by Tenant and approved in writing by Landlord, which shall be deemed given with respect to the Approved Hazardous Materials (hereinafter defined), (b) necessary for Tenant’s permitted use's business, operation but then only in the amounts and maintenance for the purposes previously disclosed in writing to and approved in writing by Landlord, and (c) in full compliance with Environmental Laws, and all judicial and administrative decisions pertaining thereto. All Hazardous Materials approved in writing by Landlord as provided in the preceding sentence shall collectively be referred to as the "Approved Hazardous Materials". Within thirty (30) days after request by ---------------------------- Landlord, Tenant shall deliver to Landlord a list of the Approved Hazardous Materials. Tenant shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord's sole discretion. For the purposes of this Paragraph 11.B.(iii), the term Hazardous -------------------- Use shall include Hazardous Use(s) on, from or under the Premises by Tenant, any Subtenant occupying all or any portion of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at during the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the BuildingTerm, or any soil of their directors, officers, employees, shareholders, partners, invitees, agents, contractors or groundwater inoccupants (collectively, under "Tenants Parties"), whether --------------- known or about the Property in each case unknown to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, occurring during the Term of this Lease. The term "Tenant's Parties" shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance not include any tenants of the Project other than ---------------- Tenant’s Hazardous Material, subject to Landlord’s right to approve except that the term "Tenant’s proposed remediation method. On 's Parties" shall include any Subtenant occupying all or prior to any portion of the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about Premises during the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous MaterialsTerm.

Use of Hazardous Materials. Notwithstanding the foregoing, Tenant may, without Landlord's prior consent, but in compliance with all Applicable Laws, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of Tenant's business permitted on the Premises, so long as such use does not expose the Premises or neighboring properties to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. Landlord acknowledges and agrees that, unless Landlord has a reasonable belief that there has been (i) a violation of Applicable Laws in connection with the presence, storage, generation or use of Hazardous Materials on or about the Premises, or (ii) a spill or release of Hazardous Materials on or about the Premises by Tenant since Landlord's most recent environmental consultant's inspection of the Premises, Tenant shall not cause be required to reimburse Landlord more than once annually for Landlord's costs incurred in monitoring or permit any Hazardous Materials inspecting the Premises. Tenant shall not be required to expend more than $5,000 for each of Landlord's annual inspections (which inspections shall be used, stored, discharged, released or disposed of reasonable in scope taking into consideration the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance use by Tenant of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions the degree of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s risk that such use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result has resulted in contamination thereof), except that Tenant may be required to expend up to $10,000 for such annual inspection upon the expiration of the Building, or any soil or groundwater in, under or about Lease (the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, foregoing limitations shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise not apply with respect to inspections performed because of clause (i) or (ii) of the preceding sentence). Without diminishing Tenant's obligations under Section 6.7 hereof, provided that Tenant shall have obtained Landlord's prior written approval of any claims relating investigation to Tenant’s Hazardous Materialsbe performed by Tenant pursuant to Section 6.7, Landlord shall not thereafter seek reimbursement from Tenant for Landlord's annual inspection in the final year of the Term as contemplated in the preceding sentence.

Use of Hazardous Materials. Tenant agrees that during the Term of this Lease, Tenant shall not cause use, or permit any the use of, nor store, generate, treat, manufacture or dispose of Hazardous Materials to be usedon, stored, discharged, released from or disposed of in under the Premises or cause any Hazardous Materials (individually and collectively, "HAZARDOUS USE") except to the extent that, and in accordance with such conditions as, Landlord may have previously approved in writing in its sole and absolute discretion. Notwithstanding the foregoing, Tenant shall be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting entitled to use and store only the types and minor quantities of those Hazardous Materials which are normally used (a) set forth in connection a list prepared by Tenant and approved in writing by Landlord, which shall be deemed given with respect to the Approved Hazardous Materials (hereinafter defined), (b) necessary for Tenant’s permitted use's business, operation but then only in the amounts and maintenance for the purposes previously disclosed in writing to and approved in writing by Landlord, and (c) in full compliance with Environmental Laws, and all judicial and administrative decisions pertaining thereto. All Hazardous Materials approved in writing by Landlord as provided in the preceding sentence shall collectively be referred to as the "APPROVED HAZARDOUS MATERIALS". Within thirty (30) days after request by Landlord, Tenant shall deliver to Landlord a list of the Approved Hazardous Materials. Tenant shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or withheld in Landlord's sole discretion. For the purposes of this PARAGRAPH 11.B.(iii), the term Hazardous Use shall include Hazardous Use(s) on, from or under the Premises by Tenant, any Subtenant occupying all or any portion of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at during the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the BuildingTerm, or any soil of their directors, officers, employees, shareholders, partners, invitees, agents, contractors or groundwater inoccupants (collectively, under "TENANT'S PARTIES"), whether known or about the Property in each case unknown to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, occurring during the Term of this Lease. The term "TENANT'S PARTIES" shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance not include any tenants of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.the

Use of Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials to be used, treated, stored, transported, handled, discharged, released or disposed of in, on, from, under or about the Premises except in strict compliance with all Applicable Laws, including all Environmental Laws, and then only to the extent reasonably necessary for Tenant’s permitted use of the Premises and in compliance with the provisions of this Article 12. Tenant shall not cause or permit any Hazardous Materials to be used, stored, discharged, released or disposed of in the Premises or cause any Hazardous Materials to be usedin, stored, discharged, released or disposed of inon, from, under or about, the Property, or about any other land or improvements in the vicinity of the PropertyPremises. As of the Commencement Date, excepting only the types Tenant has provided and minor quantities of Landlord has approved Tenant’s Hazardous Materials business plan filed with the City of Palo Alto Fire Department, a copy of which are normally used in connection with Tenant’s permitted use, operation and maintenance of is attached as Exhibit D (the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted SubstancesApproved Plan”). In no event shall Tenant bring onto the Premises any Hazardous Materials other than those listed on the Approved Plan. In the event Tenant desires to update or amend the Approved Plan, or to bring additional Hazardous Materials onto the Premises, Tenant shall obtain Landlord’s prior written consent, which Landlord may withhold in its sole discretion. Landlord shall respond to Tenant’s request for such consent within three (3) Business Days after receipt of such request. Without limiting the foregoing, (a) Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the BuildingPremises; and (b) Tenant shall not be permitted to install any underground piping for delivery of any Hazardous Materials or other liquid or gaseous substances; it being the understanding of the parties that any such piping must be approved in writing by Landlord and must be installed above ground. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total strict conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the Building, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Building and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.

Use of Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials Material to be usedbrought upon, storedkept or used in or about the Premises or the Building by Tenant, dischargedits agents, released employees, contractors or disposed invitees. If Tenant breaches this obligation, Tenant shall indemnify, defend and hold Landlord and Xxxxxx X. Xxxx, personally, harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including without limitation, diminution in value of the Premises or the Building, damages for the loss or restriction on use of rentable space or of any amenity of the Premises or the Building, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorney’s fees, consultant fees and expert fees) which arise during or after the lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water, in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises or in the Building caused by Tenant’s Hazardous Materials result , its agents, employees, contractors or invitees results in any contamination of the Premises and/or the Building, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building Premises and/or the Property, Building to the condition conditions existing prior to the appearance introduction of any such Hazardous Material to the Premises; provided that Landlord approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises and/or the Building. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. As used herein, the term “Hazardous Material” means such hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the United State Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such substances, materials and wastes that are or become regulated under any applicable local, state or federal law. Landlord and its agents shall have the right, but not the duty, to inspect the Premises at any time to determine whether Tenant is complying with the terms of this Lease. If Tenant is not in compliance with this Lease, Landlord shall have the right to immediately enter Premises to remedy any contamination caused by Tenant’s failure to comply notwithstanding any other provision of this Lease. Landlord shall use its best efforts to minimize interference with Tenant’s business but shall not be liable for any interference caused thereby. Any default under this paragraph shall be a material default enabling Landlord to exercise any of the Tenant’s Hazardous Materialremedies set forth in this Lease. In the event that Landlord shall be charged any additional fees by the Environmental Protection Agency, subject to Landlord’s right to approve Tenant’s proposed remediation method. On the Department of Health, or prior any other agency related to the Termination Datetesting or monitoring of environmental issues related to the property due to the use of the Leased Premises by Tenant, Tenant shall cause all Tenant’s Hazardous Materials in, on, reimburse Landlord for any additional charges within 10 days of Landlord notifying Tenant of said charges. Said additional charges shall be deemed Additional Rent under or about the Building to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materialsthis lease.

Use of Hazardous Materials. Tenant Except for use of hazardous material by Landlord or its agents or subcontractors, Subtenant shall not cause or permit be solely responsible for any Hazardous Materials to be Material generated, brought onto, used, stored, discharged, released or disposed of in or about the Premises Premises, the Buildings or cause the Real Property by Subtenant or Subtenant’s agents, employees, contractors or Subtenants invitees, collectively “Subtenant Parties”. At Subtenant’s sole cost and expense Subtenant shall use, store and dispose of Subtenant’s Hazardous Materials in strict compliance with all Environmental Laws, and shall in all other respects comply with all Environmental Laws. If during the Lease Term (including any extensions), Subtenant becomes aware of (a) any actual or threatened release of any Hazardous Materials to be usedMaterial on, storedunder, discharged, released or disposed of in, from, under or aboutabout the Premises, the Buildings or the Real Property, or (b) any inquiry, investigation, proceeding, or claim by any government agency or other land person regarding the presence of Hazardous Material on, under, or improvements in about the vicinity Premises, the Buildings, or the Real Property, Subtenant shall give Landlord written notice of the Propertyrelease or investigation within five (5) days after learning of it and shall simultaneously furnish to Landlord copies of any claims, excepting only notices of violation, reports, or other writings received by Subtenant that concern the types release or investigation. Subtenant shall defend (with counsel reasonably acceptable to Landlord), indemnify and minor quantities hold harmless Landlord and Landlord’s officers, officials, employees, agents and representatives (collectively, “Indemnitees”) from and against any and all liabilities, losses, damages, fines, deficiencies, penalties, claims, demands, suits, actions, causes of Hazardous Materials which are normally used action, legal or administrative proceedings, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and expenses, court costs, expert witness fees and post judgment collection costs) (all of the foregoing, collectively “Claims”) resulting or arising from or in connection with Tenant’s permitted use, operation and maintenance of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions a release of any and all permitsHazardous Material in or about the Premises, licensesthe Buildings, and or the Real Property or any other governmental and regulatory approvals required for Tenantviolation of any Environmental Law by Subtenant, or Subtenant’s agents, assignees, sublessees, contractors, or invitees. The indemnity provided in this Section shall not extend to Claims to the extent the same are caused by the indemnities or its agent’s use of Hazardous Materials at or the Premisesnegligence, includinggross negligence or willful misconduct of Indemnitees or subcontractors. The provisions of this Section shall survive the expiration or termination of this Lease. If the presence of any Hazardous Material brought onto the Premises or the Building by Subtenant or Subtenant’s employees, without limitationagents, discharge of appropriately treated materials contractors or wastes into or through any sanitary sewer serving the Building. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result invitees results in contamination of the Buildingland or Buildings, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, Subtenant shall promptly take all necessary actions necessary to remove or remediate such Hazardous Materials, whether or not they are present at concentrations exceeding state or federal maximum concentration or action levels, or any governmental agency has issued a cleanup order, at Subtenant’s sole expense, to return the Premises and the Building and/or the Property, to the condition existing prior to that existed before the appearance introduction of the Tenant’s such Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to This provision does not limit the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Building to be removed indemnification obligation set forth in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materialsthis lease.