Common use of Asbestos Clause in Contracts

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 53, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term of the Lease) or other parties on the Property or Complex, as described below, (during the term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex in violation of applicable law as stated below. Tenant shall be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Property, and which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the Complex, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent. Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property or the Complex as stated above, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 53.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 5347, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term of the Lease) or other parties on the Property or Complex, as described below, (during the term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex in violation of applicable law as stated belowlaw. Tenant shall be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Property, and which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the Complex, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent. Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property or the Complex as stated above, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 5347.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 5347, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term of the Lease) or other parties on the Property or Complex, as described below, (during the term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex in violation of applicable law as stated belowlaw. Tenant shall be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Property, and which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the Complex, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent. Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property or the Complex as stated above, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 5347.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 5349, Tenant shall have no obligation to "clean up", ," reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term of the Lease) or other parties on the Property or Complex, as described below, (during the term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex in violation of applicable law as stated belowlaw. Tenant shall will be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Property, Property and which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) ), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the Complex, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent. In the event consent is granted by Landlord, Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property or the Complex as stated aboveregulations, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing city agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 5349.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 5350, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term of the Lease) or other parties on the Property or Complex, as described belowProperty, (during the term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex in violation of applicable law as stated belowlaw. Tenant shall be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any)) (prior to or during the Term of this Lease, or other parties on the PropertyProperty (during the Term of this Lease), does store, dispose, or transport in, use or cause to be on the Property, and which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the Complex, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent. Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property or the Complex as stated above, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 5350.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 53, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term of the Lease) or other parties on the Property or Complex, as described below, (during the term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex in violation of applicable law as stated belowlaw. 24 Tenant shall will be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Property, Property and which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) ), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the ComplexProperty, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent. In the event consent is granted by Landlord, Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property or the Complex as stated aboveregulations, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing city agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 53.. 25 SERVICE AGREEMENT Altamonte Lakeside Executive Suites Name of Client: ACCELGRAPHICS, INC. - John Xxxxxxxxx Xddress: 1942 Xxxxxx Xxxx Xxxx, Xxxxx, XXX: San Xxxx, Xxxxxxxxxx 00000-0000 Xxlephone: (408) 000-0000 THIS AGREEMENT is made between Altamonte Lakeside Executive Suites, (hereinafter referred to as the "OWNER"), 283 X. Xxxxx Xxxx Xxxxxxxxx, Xxxxx 000, Xxxxxxxxx Xxxxxxx, Xxxxxxx 00000 xxx AccelGraphics, Inc. (hereinafter referred to as the "Client"), whose address and telephone number are described above. OWNER and CLIENT hereby agree as follows:

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 5343, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term of the Lease) or other parties on the Property or Complex, as described belowProperty, (during the term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex in violation of applicable law as stated belowlaw. Tenant shall be 100 percent liable and responsible for: , (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Property, and which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the Complex, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costscost, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Subject to the entire provisions of this paragraph 43, and provided Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any), does not store, dispose, or transport in, use, or cause to be on or about the Property or the real property on which the Property is located (during the Term of this Lease) any form of Hazardous Materials (except for standard office products that are used and disposed of in accordance with applicable ordinances, rules and/or regulations), Landlord agrees to be 100 percent liable and responsible for, and shall indemnify Tenant from the cost of Hazardous Materials claims from third parties not related to Tenant and for the clean up of any Hazardous Materials contamination not related to Tenant (and not caused by Tenant or Tenant's activities prior to, during and after Tenant's occupancy of said property), or which Tenant's agents, employees, contractors, invitees or its future subtenants and/or assignees (if any), does not store, dispose, or transport in, use, or cause to be on or about the Property or the real Property on which the property is located (during the Page 10 INITIAL: /s/ MS ------------- /s/ MCD MRB ------------- Term of this Lease), provided however, Landlord will not be responsible for any disruption to Tenant's business as a result of any such cleanup. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent. Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property or the Complex as stated above, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 5343.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 5347, Tenant shall have no obligation to "clean up", ," reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term of the Lease) or other parties on the Property or Complex, as described below, (during the term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex in violation of applicable law as stated belowlaw. Tenant shall be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Property, and which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the Complex, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent. Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property or the Complex as stated above, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing agency. If Tenant uses used Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 5347.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 53, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant Tenant, (prior to and during the term of the Lease) its employees, contractors, invitees, or other parties (excluding Landlord, its employees, agents and/or contractors) on the Property or Complex, as described below, (during the term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex in violation of applicable law law. Subject to the entire provisions of Paragraph 45 ("Hazardous Materials") Landlord agrees to be 100 percent liable and responsible for, and shall indemnify, defend, protect and hold Tenant harmless from and against all liabilities, damages, costs, and expenses, excepting the costs identified above (including, without limitation, attorney's fees) arising from any hazardous contamination or toxic waste cleanup not related to Tenant (and not caused by Tenant's activities prior to Tenant's occupancy of said Property), on or about the Premises or the real property on which the Premises is located, and Landlord agrees to be 100 percent liable and responsible for and indemnify Tenant for any Hazardous Materials contamination or toxic waste cleanup or cost of testing related thereto, and any claims by third parties (excluding claims, if any, from Tenant's employees) resulting from such Hazardous Materials contamination, caused by Landlord or third parties not related to Tenant, and not caused by Tenant's activities, prior to and during the term of Tenant's Lease, provided however, Landlord will not be responsible for any disruption to Tenant's business as stated belowa result of any such cleanup. Tenant shall will be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said toxic waste and/or Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees invitees, or its future subtenants and/or assignees (if any), or other parties (excluding Landlord, its employees, agents, and/or contractors) on the Property, does store, dispose, or transport in, use or cause to be on the Property, and which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the Complex, Property and (ii) any claims, including claims by third party claims, parties resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any toxic waste or Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent. In the event consent is granted by Landlord, Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property or the Complex as stated aboveregulations, and prior to the termination of said Lease Tenant agrees to follow the proper property closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing city agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, install at Tenant's expense, expense such toxic waste and/or Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is mutually agreed that the Tenant's and Landlord's responsibilities related to toxic waste and Hazardous Materials will survive the termination date of the Lease and that Landlord either party may obtain specific performance of Tenantthe other party's responsibilities under this Paragraph 5348.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 53, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term Term of the Lease) or other parties on the Property or ComplexProperty, as described below, (during the term Term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex Property in violation of applicable law as stated belowlaw. Tenant shall be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said any Hazardous Materials contamination resulting from any Hazardous Materials which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Property, and which Tenant, its agents, employees, contractors, invitees or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the Complex, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from any such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent; provided, however, that Landlord's consent shall not be required for normal use of customary household and office supplies, such as cleaners, lubricants, solvents, copier toner, etc. Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of all Hazardous Materials used, stored, disposed of, transported or caused to be on the Property or the Complex as stated above, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing agency. If Tenant uses any Hazardous Materials, Tenant also agrees to install, install at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 5343. Subject to the terms and conditions of this Lease, Landlord hereby acknowledges its consent to Tenant's storage and use on the Property of those Hazardous Materials listed on Exhibit C attached hereto. At Tenant's sole cost and expense, each year upon the anniversary of the Commencement Date of the Lease Term ("Anniversary Date"), Tenant shall hire a qualified environmental consultant, acceptable to Landlord, to evaluate whether Tenant is in compliance with all applicable Governmental Regulations pertaining to Hazardous Materials. Tenant shall submit to Landlord a report from such environmental consultant which discusses the environmental consultant's findings within two (2) months of each Anniversary Date. Tenant shall promptly take all steps necessary to correct any and all problems identified by the environmental consultant and provide Landlord with documentation of all such corrections.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 5347, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term of the Lease) or other parties on the Property or ComplexPremises, as described below, (during the term Term of this Lease) did not store, dispose, dispose or transport in, use, or cause to be on the Property Premises or which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex Parcel in violation of applicable law as stated below. Tenant shall be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees invitees, visitors or its future subtenants and/or assignees (if any), or other parties on the PropertyPremises, does store, dispose, or transport in, use or cause to be on the PropertyPremises, and which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex common areas of the Parcel, and Tenant shall not be responsible for such hazardous materials Hazardous Materials contamination stored, disposed, transported in, used, or caused to be on the Complex common areas of the Parcel by other parties on the Complexcommon areas of the Parcel, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from froth such Hazardous Materials contamination. Notwithstanding anything to the contrary above, Tenant shall not be responsible or liable to remediate or restore the Premises, Building, or the Property, or to indemnify Landlord and its agents under any provision of this Lease for any off-site migration of Hazardous Materials onto the Property which was not caused by or contributed to by Tenant. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property Parcel or on the Complex Premises without first obtaining Landlord's written consent. Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property Parcel or the Complex Premises as stated above, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's Page 12 Initial: /s/ JHN /s/ JA --------------- responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 5347.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 5351, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term of the Lease) or other parties on the Property or ComplexPremises, as described below, (during the term Term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property Premises or which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex Parcel in violation of applicable law as stated below. Tenant shall be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees invitees, visitors or its future subtenants and/or assignees (if any), or other parties on the PropertyPremises, does store, dispose, or transport in, use or cause to be on the PropertyPremises, and which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex and common areas of the Parcel (Tenant shall not be responsible for such hazardous materials Hazardous Materials contamination stored, disposed, transported in, used, or caused to be on the Complex common areas of the Parcel by other parties on the Complexcommon areas of the Parcel), and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property Parcel or on the Complex Premises without first obtaining Landlord's written consent. Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused to be on the Property Parcel or the Complex Premises as stated above, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 5351.

Asbestos. To the best of Landlord's knowledge, the Property, including all underlying land and groundwater, are free from contamination by toxic or otherwise hazardous substances; however, Landlord shall have no obligation to investigate. Subject to the terms of this Paragraph 5351, Tenant shall have no obligation to "clean up", reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials or wastes which Tenant (prior to and during the term Term of the Lease) or other parties on the Property or Complex, as described below, (during the term of this Lease) did not store, dispose, or transport in, use, or cause to be on the Property or which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any) (during the Term of this Lease), did not store, dispose, or transport in, use or cause to be on the Complex in violation of applicable law as stated belowlaw. Tenant shall be 100 percent liable and responsible for: (i) any and all "investigation and cleanup" of said Hazardous Materials contamination which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any), or other parties on the Property, does store, dispose, or transport in, use or cause to be on the Property, and which Tenant, its agents, employees, contractors, invitees vendors, invitees, visitors or its future subtenants and/or assignees (if any) does store, dispose, or transport in, use or cause to be on the Complex and Tenant shall not be responsible for such hazardous materials contamination stored, disposed, transported in, used, or caused to be on the Complex by other parties on the Complex, and (ii) any claims, including third party claims, resulting from such Hazardous Materials contamination. Tenant shall indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including, without limitation, attorney fees incurred as a result of any claims resulting from such Hazardous Materials contamination. Tenant also agrees not to use or dispose of any Hazardous Materials on the Property or the Complex without first obtaining Landlord's written consent. Tenant agrees to complete compliance with governmental regulations regarding the use or removal or remediation of Hazardous Materials used, stored, disposed of, transported or caused cause to be on the Property or the Complex as stated above, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate governing agency. If Tenant uses Hazardous Materials, Tenant also agrees to install, at Tenant's expense, such Hazardous Materials monitoring devices as Landlord deems reasonably necessary. It is agreed that the Tenant's responsibilities related to Hazardous Materials will survive the termination date of the Lease and that Landlord may obtain specific performance of Tenant's responsibilities under this Paragraph 5351.