Common use of Environmental Covenants Clause in Contracts

Environmental Covenants. (a) Grantor will not cause or permit any Material Environmental Contamination of the Property. (b) No Environmental Activity will occur on the Property other than the use, storage and disposal of Hazardous Materials which (A) is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. Mortgagor covenants and agrees from the date hereof until the date that and any and all obligations and liabilities, together with interest and other costs and expenses, in each case owing to Mortgagee, have been paid in full that Mortgagor shall: (a) Grantor will not cause or permit any Material Environmental Contamination of the Property. (b) No Environmental Activity will occur on the Property other than the use, storage and disposal of Hazardous Materials which (A) is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately Immediately report to Mortgagee upon Grantor becoming aware of (i) the introduction of any Hazardous Material Environmental Contamination of onto any facility owned or operated by Mortgagor or its Subsidiaries if the Property or introduction thereof reasonably could be expected to have a Material Adverse Effect and (ii) the initiation of any Environmental Activity action, suit, proceeding, investigation or regulatory action against Mortgagor or any of its Subsidiaries or in connection with respect any such facility relating to the Property that is not any Release of Hazardous Materials in accordance with Section 5.7(c) of the preceding subsection Credit Agreement. (b). Grantor promptly will ) Immediately deliver to Lender Mortgagee copies of (i) all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party reports (as defined other than routine reports regularly submitted in the Environmental Laws). Grantor's notification ordinary course of Lender business) submitted to any Governmental Authority by Mortgagor or any of its Subsidiaries in connection with either the presence of Hazardous Materials at any facility owned or operated by Mortgagor or any of its Subsidiaries or any other environmental matter relating to such facility, and (ii) all reports, notices, and correspondence transmitted to Mortgagor or its Subsidiaries by any Governmental Authority in connection with either the presence of any Hazardous Materials at or near any such facility or any other environmental matter relating to such facility in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination Section 5.7(c) of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violationCredit Agreement. (dc) From time Except for Hazardous Materials that Mortgagor or its Subsidiaries uses or stores or that an Obligor (defined below) of Mortgagor or its Subsidiaries, or any other Person entitled to time at Lender's requestthe use of the applicable properties or assets, Grantor will deliver uses, stores or transports in the ordinary course of its business and in compliance with Legal Requirements, keep all of its properties and assets free of Hazardous Materials. Mortgagor and each of its Subsidiaries shall comply with and use its best efforts to Lender any information known ensure compliance by all tenants and documents available to Grantor subtenants with all Environmental Laws (defined below) and all Legal Requirements relating to the environmental condition occupational safety or health and shall obtain and comply with, and use its best efforts to ensure that all tenants and subtenants obtain and comply with, any and all approvals, registrations or permits required thereunder. Mortgagor and its Subsidiaries shall conduct and complete all investigations, studies, sampling and testing, and all remedial, removal, and other action necessary to clean up and remove all Hazardous Materials, on, from or affecting any of the Property. (e) Lender its properties or assets as required by Legal Requirements, except as such laws, ordinances, rules, regulations, orders or directives may perform or engage an independent consultant to perform an assessment of the environmental condition of be contested by Mortgagor and its Subsidiaries in good faith by appropriate proceedings and for which adequate reserves have been established in conformity with generally accepted accounting principles. It is expressly understood and agreed by Mortgagor and Mortgagee that Mortgagor’s tenants and subtenants may install and use generators on the Property which are or may use and of Grantor's compliance contain oil, petroleum or petroleum derived substances, provided, that, such installation and use comply with this Section 9.1(c) at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (all times.

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”), a fully completed copy of which is attached hereto as Exhibit G and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at any time Tenant is required to notify (or seek approval from) the applicable governmental authorities in connection with the manufacture, treatment, use or storage on or about the Premises of new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as Exhibit G or in such updated format as Landlord may reasonably require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to reasonably approve or disapprove such new or additional Hazardous Materials; provided, however, the foregoing shall not apply to the use or storage by Tenant, in the ordinary course of Tenant’s business, of new or additional Hazardous Materials that have the same, or substantially similar, Hazardous Materials Identification System (HMIS) rating and in similar quantities as previously approved Hazardous Materials (hereafter, “Like Kind Materials”). Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate, Like Kind Materials, or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No Environmental Activity will occur on As used in this Lease, the Property other than the use, storage and disposal of term “Hazardous Materials which (A) is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of Materials” means (i) any Material Environmental Contamination substance or material that is included within the definitions of the Property “hazardous substances,” “hazardous materials,” “toxic substances,” “pollutant,” “contaminant,” “hazardous waste,” or (ii) “solid waste” in any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materialsLaw; (ii) Grantor will cooperate petroleum or petroleum derivatives, including crude oil or any fraction thereof, all forms of natural gas, and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender petroleum products or consultantby-products or waste; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letterpolychlorinated biphenyls (PCBs); (iv) asbestos and asbestos containing materials (whether friable or non-friable); (v) lead and lead based paint or other lead containing materials (whether friable or non-friable); (vi) urea formaldehyde; (vii) microbiological pollutants; (viii) batteries or liquid solvents or similar chemicals; (ix) radon gas; and (x) mildew, fungus, mold, bacteria and/or other organic spore material.

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”), a fully completed copy of which is attached hereto as Exhibit G and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, upon request by Landlord not cause more frequently than annually, and at such other times as Tenant desires to manufacture, treat, use or permit any Material Environmental Contamination store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses of Hazardous Materials on or about the PropertyPremises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit G or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No As used in this Lease, the term “Hazardous Materials” shall mean and include any substance that is or contains (1) any “hazardous substance” as now or hereafter defined in § 101(14) of the Comprehensive Environmental Activity will occur on Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”) (42 U.S.C. § 9601 et seq.) or any regulations promulgated under CERCLA; (2) any “hazardous waste” as now or hereafter defined in the Property Resource Conservation and Recovery Act, as amended (“RCRA”) (42 U.S.C. § 6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended (“TSCA”) (15 U.S.C. § 2601 et seq.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other than the usepetroleum hydrocarbons; (5) asbestos and asbestos-containing material, storage in any form, whether friable or non-friable; (6) polychlorinated biphenyls; (7) lead and disposal of Hazardous Materials which lead-containing materials; or (8) any additional substance, material or waste (A) is in the ordinary course presence of business consistent with which on or about the Permitted Use; Premises (i) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii) causes or threatens to cause a nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent area or property, or (iii) which, if it emanated or migrated from the Premises, could constitute a trespass, or (B) which is in compliance with all now or is hereafter classified or considered to be hazardous or toxic under any Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor will not cause or permit The Mortgagor further warrants, represents, covenants and agrees that: a. Except as may have been disclosed in writing to Mortgagee, neither Mortgagor nor, to the best of Mortgagor’s knowledge, any Material Environmental Contamination of the Property. (b) No Environmental Activity will occur on the Property other than the use, storage and disposal of Hazardous Materials which (A) is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of person has (i) used, installed or disposed of any Material Hazardous Materials (hereafter defined) in, on, from, or affecting the Mortgaged Premises except in full compliance with Applicable Environmental Contamination of the Property Laws (hereafter defined); or (ii) received any Environmental Activity notice from any governmental authority with respect regard to Hazardous Materials in, on, from or affecting the Property that is not in accordance with Mortgaged Premises. To the preceding subsection (b). Grantor promptly will deliver to Lender copies best of all documents delivered to or received by Grantor regarding the matters set forth in this subsectionBorrower’s knowledge, including notices of Proceedings or investigations concerning any Material Environmental Contamination no portion of the Property Mortgaged Premises is or Environmental Activity or concerning Grantor's status as a potentially responsible party (has been at any time an “industrial establishment” as defined in the New Jersey Industrial Site Recovery Act (“ISRA”), and Mortgagor does not know or have reason to know of any lien or threatened lien on its personal or real property requiring or obligating Mortgagor to make payment pursuant to the New Jersey Spill Compensation and Control Act (“SCCA”). If the Mortgaged Premises is or has been an “industrial establishment,” Mortgage shall provide Mortgagee with a letter of non-applicability on and as of the date hereof. If the Mortgaged Premises was used as an “industrial establishment,” and hazardous substances were handled there, and Mortgagor’s transactions constitute a closing, termination of, or transfer of, operations, Mortgagor has provided Mortgagee with an approved cleanup plan or a negative declaration, obtained at its own expense, and Mortgagor, at its own expense, shall implement the cleanup plan to clean up such contamination. b. Mortgagor shall not use the Mortgaged Premises, nor allow it to be used, to generate, manufacture, refine, transport, treat, store, handle, dispose of, transfer, produce or process Hazardous Materials except in full compliance with Applicable Environmental Laws). Grantor's notification Mortgagor shall not cause or permit, intentionally or unintentionally, a release of Lender Hazardous Materials in, on, from or affecting the Mortgaged Premises or any other use, installation, or disposition of Hazardous Materials in violation of Applicable Environmental Laws. c. If Mortgagor receives any notice from any governmental authority with regard to Hazardous Materials in, on, from or affecting the Mortgaged Premises, or any notice of violation of Applicable Environmental Laws, Mortgagor shall promptly notify Mortgagee. Mortgagor shall conduct and complete all investigations, studies, sampling and testing, and all remedial, removal, and other actions necessary to clean up and remove all Hazardous Materials in, on, from or affecting the Mortgaged Premises in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of all Applicable Environmental Laws and to the satisfaction of Mortgagee. d. The term “Applicable Environmental Laws” shall mean, without limitation, all legal requirements of any governmental authority pertaining to the preservation or the Material Environmental Contamination enhancement of the Property or Environmental Activity that is the subject quality of the notice. If Grantor receives notice environment or regulating or restricting the use, transfer, storage or remediation of a suspected violation Hazardous Materials, including the Comprehensive Environmental Response, Compensation, and Liability Act of Environmental Laws in 1980, as amended (42 U.S.C. Section 9601, et seq.), the vicinity of Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seq.), the Property that poses a risk of Material Environmental Contamination of Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 6901, et seq.), the PropertySCCA, Grantor will give Lender notice the ISRA and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known the rules and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property regulations adopted and of Grantor's compliance with this Section publications promulgated pursuant thereto at any time for reasonable cause time. The term “Hazardous Materials” shall mean, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or after an Event of Default (iftoxic substances, in both instancesor related materials, Lender has reasonable suspicion to believe that an asbestos or any material containing asbestos, or any other substance or material regulated under any Applicable Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (Laws.

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("Initial Disclosure Certificate"), a fully completed copy of which is attached hereto as Exhibit D and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "Updated Disclosure Certificate") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit D or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 33 (a). (b) No Environmental Activity will occur on As used in this Lease, the Property other than the use, storage term "Hazardous Materials" shall mean and disposal of Hazardous Materials which (A) include any substance that is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of or contains: (i) any Material Environmental Contamination "hazardous substance" as now or hereafter defined in § 101(14) of the Property Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. § 9601 et seq.) or any regulations promulgated under CERCLA; (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to "hazardous waste" as now or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as hereafter defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. § 6901 et seq.) or any default regulations promulgated under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultantRCRA; (iii) Grantor will receive any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. § 2601 et seq.) or any regulations promulgated under TSCA; (iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (vi) polychlorinated biphenyls; (vii) lead and lead-containing materials; or (viii) any additional substance, material or waste (A) the presence of which on or about the Premises (1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (2) causes or threatens to cause a copy nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any final report prepared after adjacent area or property, or (3) which, if it emanated or migrated from the assessmentPremises, could constitute a trespass, or (B) which is now or is hereafter classified or considered to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (hazardous or toxic under any Environmental Laws.

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as EXHIBIT E and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "UPDATED DISCLOSURE Certificate") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in EXHIBIT E or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No Environmental Activity will occur on As used in this Lease, the Property other than the use, storage term "Hazardous Materials" shall mean and disposal of Hazardous Materials which (A) include any substance that is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of or contains (i) any Material Environmental Contamination "hazardous substance" as now or hereafter defined in ss. 101(14) of the Property Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. ss. 9601 ci SEQ.) or any regulations promulgated under CERCLA; (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to "hazardous waste" as now or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as hereafter defined in the Environmental Laws)Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. ss. Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse 6901 ci SEQ.) or any default regulations promulgated under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultantRCRA; (iii) Grantor will receive any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. ss. 2601 ET SEQ) or any regulations promulgated under TSCA; (iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos-containing material, in any form, whether 30 friable or non-friable; (vi) polychiorinated biphenyls; (vii) lead and lead-containing materials; or (viii) any additional substance, material or waste (A) the presence of which on or about the Premises (1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (2) causes or threatens to cause a copy nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any final report prepared after adjacent area or property, or (3) which, if it emanated or migrated from the assessmentPremises, could constitute a trespass, or (B) which is now or is hereafter classified or considered to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (hazardous or toxic under any Environmental Laws.

Environmental Covenants. 32.1 Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (a) Grantor “Initial Disclosure Certificate”), a fully completed copy of which is attached hereto as Exhibit G and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that, to the best of Tenant’s knowledge, the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, on each anniversary of the Property. (b) No Environmental Activity will occur Commencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Property other than the useInitial Disclosure Certificate, storage complete, execute and disposal deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses of Hazardous Materials on or about the Premises, which (A) is Updated Disclosure Certificates shall be in the ordinary course same format as Exhibit G or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of business consistent new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Propertythis Paragraph 32.1. (c) Grantor will notify Lender immediately upon Grantor becoming aware of 32.2 As used in this Lease, the term "Hazardous Materials" means (i) any Material Environmental Contamination substance or material that is included within the definitions of the Property “hazardous substances,” “hazardous materials,” “toxic substances,” “pollutant,” “contaminant,” “hazardous waste,” or (ii) “solid waste” in any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materialsLaw; (ii) Grantor will cooperate petroleum or petroleum derivatives, including crude oil or any fraction thereof, all forms of natural gas, and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender petroleum products or consultantby-products or waste; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letterpolychlorinated biphenyls (“PCB’s”); (iv) asbestos and asbestos containing materials (whether friable or non-friable); (v) lead and lead-based paint or other lead containing materials (whether friable or non-friable); (vi) urea formaldehyde; (vii) microbiological pollutants; (viii) batteries or liquid solvents or similar chemicals; (ix) radon gas; and (x) mildew, fungus, mold, bacteria and/or other organic spore material.

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”), a fully completed copy of which is attached hereto as Exhibit D and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit D or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No Environmental Activity will occur on As used in this Lease, the Property other than the use, storage and disposal of term “Hazardous Materials which (A) is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of Materials” means (i) any Material Environmental Contamination substance or material that is included within the definitions of the Property “hazardous substances,” “hazardous materials,” “toxic substances,” “pollutant,” “contaminant,” “hazardous waste,” or (ii) “solid waste” in any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party Law (as defined in the Environmental LawsParagraph 32(c) below). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate petroleum or petroleum derivatives, including crude oil or any fraction thereof, all forms of natural gas, and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender petroleum products or consultantby-products or waste; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letterpolychlorinated biphenyls (PCBs); (iv) asbestos and asbestos containing materials (whether friable or non-friable); (v) lead and lead-based paint or other lead containing materials (whether friable or non-friable); (vi) urea formaldehyde; (vii) microbiological pollutants; (viii) batteries or liquid solvents or similar chemicals; (ix) radon gas; and (x) mildew, fungus, mold, bacteria and/or other organic spore material, whether or not airborne, colonizing, amplifying or otherwise.

Environmental Covenants. Tenant shall comply with all applicable Laws relating to discharge, emissions, waste, nuisance, pollution control, hazardous substances and other environmental matters as the same shall be attributable to Tenant’s operations at the Premises from and after the Commencement Date through the balance of the Term. All of the foregoing Laws are hereinafter referred to as “Environmental Laws.” 8.1 Tenant shall obtain all environmental licenses, permits, approvals, authorizations, exemptions, certificates and registrations (ahereinafter collectively referred to as “Permits”) Grantor will and make all applicable filings required of Tenant under the Environmental Laws required by Tenant to operate at the Premises. The Permits and required filings shall be made available for inspection and copying by Landlord at Tenant’s offices upon reasonable notice and during business hours. 8.2 Tenant shall not cause or permit any Material flammable explosive, oil, contaminant, pollutant, radioactive material, hazardous waste or material, toxic waste or material or any similar substance which is or may become regulated under any applicable federal, state or local law (hereinafter collectively referred to as “Hazardous Substances”) to be brought upon, kept or used in or about the Premises in violation of Environmental Contamination Laws. Tenant shall handle, store, use and dispose of any such Hazardous Substance in compliance with all applicable Environmental Laws in a manner which is safe and does not contaminate the Premises. 8.3 If Tenant causes a release of Hazardous Substances in violation of Environmental Laws at the Premises and Tenant fails during the Term to remediate such release in accordance with applicable standards for remediation of industrial properties, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant, at Landlord’s sole cost and expense (including reimbursement of Tenant’s reasonable attorneys’ fees) shall execute affidavits, representations and the like upon Landlord’s request for such documents for purposes of obtaining insurance, financing and the like, concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Substances on the Premises. 8.4 Tenant hereby agrees to indemnify and hold Landlord harmless from any liability, claim, loss, damage, or cost (including reasonable attorneys’ fees), including, without limitation, the cost of any required repair, cleanup, remediation or detoxification, arising from a breach by Tenant of this Section 8 or any actual or alleged violation of Environmental Laws by Tenant in, on, under or about the Premises or relating solely to the operation of Tenant’s business on the Premises from and after the Commencement Date through the Term. The foregoing covenants and indemnification shall survive the expiration of the PropertyTerm of this Lease, provided that Tenant’s covenants and obligations shall terminate upon Tenant’s delivery of an environmental study reasonably acceptable to Landlord within two months of the end of the Lease Term that demonstrates to Landlord’s reasonable satisfaction that Tenant has no indemnification obligations, to Landlord pursuant to this Section 8.4, or that Tenant has satisfied such indemnification obligations. 8.5 Notwithstanding anything contained herein to the contrary, Landlord agrees, as to any Hazardous Substances at the Premises identified by Gaiatech pursuant to the Phase II Work (bas defined in that certain Property Access Agreement dated as of March 13, 2014, by and among Power Solutions International, Inc., ▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, CKT Holdings, Inc., and Landlord) No as of the Commencement Date (the “Commencement Date Hazardous Substances”) or first introduced or otherwise brought to the Premises by Landlord or its contractors, agents or employees after the Commencement Date (the “Post Commencement Date Hazardous Substances”), to remove or otherwise remediate such Hazardous Substances if and to the extent required to attain applicable remediation standards for industrial properties issued pursuant to Environmental Activity will occur Law as existing on the Property other than Commencement Date (i.e., as it relates to the useCommencement Date Hazardous Substances) or as of the date so introduced by Landlord or its contractors, storage agents or employees (i.e., as it relates to the Post Commencement Date Hazardous Substances), as the case may be, at Landlord’s sole cost and disposal expense. Landlord shall restore, at its sole cost and expense any damage caused to the Premises as a result of such access, removal or remediation by Landlord under this Section. In any entry into the Premises under this Section, Landlord shall use commercially reasonable efforts (which shall require overtime work to the extent such activity materially interferes with Tenant’s use and occupancy of or access to the Premises) to minimize interference with Tenant’s business operations therefrom. The foregoing is not intended to apply to Hazardous Materials which (A) is Substances present on the Premises on the Commencement Date used in connection with the ordinary course of business consistent with Tenant’s business, provided that such Hazardous Substances have not been placed or used at the Permitted Use; (B) is Premises by Landlord in compliance with all violation of any applicable Environmental Laws or would require reporting of a release by Landlord pursuant to applicable Environmental Laws; . 8.6 Notwithstanding anything contained herein to the contrary, Tenant shall not perform (or allow to be performed) any activities at the Premises that would disturb the ground surface or subsurface and shall not conduct (Cor allow to be conducted) does not create a risk of Material Environmental Contamination any environmental evaluation, investigation, sampling, or testing of the Property. soil or groundwater (cor surface water or sediment) Grantor will notify Lender immediately upon Grantor becoming aware of at the Premises unless (i) any Material Tenant is required by applicable Environmental Contamination of the Property Law to undertake such evaluation, investigation, sampling, or testing and Tenant provides Landlord with no less than ten (10) days advance written notice; or (ii) Landlord, in its sole discretion, agrees to such land disturbing activities or to such evaluation, investigation, sampling, or testing. In the event Tenant breaches its obligations under this Section 8.6 and Hazardous Substances are identified in connection with any such breach, Tenant shall be responsible, at its sole cost and expense, for all response actions including investigation and remediation of all such Hazardous Substances as necessary to achieve compliance with applicable Environmental Activity with respect Law and shall restore the Premises to substantially the same condition as existed prior to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violationbreach. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor will Tenant covenants not cause to discharge any "Hazardous Substances" or permit "Hazardous Wastes" (as said terms are defined in ISRA and/or Spill Compensation and Control Act) upon the Premises or any Material Environmental Contamination adjacent lands. In the event of the Propertyany such discharge, Tenant shall immediately notify Landlord, and shall, at Tenant's sole cost and expense, immediately take any and all actions required by law. (b) No Environmental Activity will occur Tenant agrees to conduct any and all environmental testing and sampling required by ISRA, if applicable, not more than six months, or less than two months, before the earlier of (i) the anticipated termination date of this Lease, or (ii) the date on which Tenant intends to "close, terminate or transfer operations" at the Property other than the use, storage and disposal of Hazardous Materials which Premises (A) is as those terms are defined in ISRA and/or in the ordinary course regulations promulgated pursuant thereto). Tenant shall notify Landlord at least seven days in advance of business consistent any such testing or sampling and permit Landlord or its representatives to observe all testing and sampling activities. Tenant shall provide to the Landlord, within seven days from Landlord's request the following: (1) the name, address and telephone number and primary contact name of Tenant's environmental testing or sampling consultants or contractors; and (2) written authorization to such consultant or contractor to communicate freely with Landlord or its environmental consultants and to provide to Landlord or its environmental consultants, copies of all written materials relating to the Permitted Use; Premises. Landlord agrees to obtain, on Tenant's behalf, if applicable, a Letter of Non-Applicability (B"LNA") is from the New Jersey Department of Environmental Protection and Energy at or near the end of Term. Tenant agrees to cooperate with Landlord in compliance with all Environmental Laws; and obtaining said LNA. Tenant also agrees to pay to Landlord the filing fee for said LNA within ten (C10) does not create a risk days of Material Environmental Contamination Tenant's receipt of the Propertyan invoice for same. (c) Grantor will notify Lender immediately upon Grantor becoming aware Tenant agrees to remove and clean-up any Hazardous Substances or Hazardous Wastes prior to cessation of (i) any Material Environmental Contamination operation or termination of this Lease. In the Property or (ii) any Environmental Activity with respect event that the clean-up is not completed prior to the Property that is not termination date of this Lease, Tenant shall be deemed to be a Hold Over in accordance with Section 26.12 and all the preceding subsection (b). Grantor promptly will deliver obligations of Tenant under the Lease, including, but not limited to, the Tenant's obligation to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning pay Basic Rent and any Material Environmental Contamination additional rent shall continue until completion of the Property or Environmental Activity or concerning Grantorclean-up and receipt of written approval of such completion from the governmental authority(ies) having jurisdiction thereof; provided, however, that Tenant's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default rights under the Financing Documents resulting from Lease shall be limited to a right of access for the violation sole and limited purpose of Environmental Laws or completing the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violationrequired clean-up. I. H.F.&S. M.O.N.L. 10/93 (d) From time Landlord shall have the right to time inspect the Premises and surrounding lands and waters and to conduct environmental surveys and testing of any nature whatsoever (collectively "Inspection"), at Lenderany time. Landlord's requestright to conduct Inspection shall include, Grantor will deliver without limitation, a right of access to Lender any information known and documents available to Grantor relating to the environmental condition all portions of the PropertyPremises for testing and a right to inspect all of Tenant's raw materials, processes, work in process, finished products, machinery, waste disposal procedures, waste disposal equipment and waste materials, and the right to remove samples of any of the foregoing for analysis. In addition, Tenant shall, upon request by Landlord, supply to Landlord, in writing, a listing of all of Tenant's raw materials and intermediate and finished products, if applicable, and a listing of any Hazardous or Toxic Substances or Wastes generated, manufactured, refined, treated, stored, handled or disposed of on or from the Demised Premises at any time during the Term hereof. Landlord shall pay the cost of such Inspection unless any one or more of the following conditions are applicable, in which event the entire cost and expense of the Inspection shall be borne by the Tenant: (1) the Inspection occurs within six months prior to, or within a reasonable time after, (i) the termination date of the Lease or the closure, termination or transfer of operations at the Premises and Tenant has failed to provide such testing as required in subsection (b) above; (ii) the assignment or sublease of all or a portion of the Premises by Tenant; or (iii) the termination of any such assignment or sublease; or (2) the Inspection is required by any governmental authority having jurisdiction ("Environmental Regulator"); or (3) the Inspection reveals any unlawful environmental contamination of or discharge on the Premises; or (4) the Inspection is the result of or in response to any discharge, spill or contamination of the Premises, or any clean-up of any of the foregoing. As used herein, the costs and expenses of Inspection includes all costs directly or indirectly related to such Inspection, or as may be required by any Environmental Regulator in the formulation of a clean-up plan or otherwise. Except in the case of an emergency, Landlord agrees to provide Tenant with written notice prior to entering onto the Demised Premises to perform an Inspection. Landlord further agrees not to perform any Inspection unless: it has a good faith belief that the Demised Premises contains the existence of Hazard Substances; or the Inspection is required by the mortgagee; or the Inspection is required by any governmental agency having jurisdiction. (e) Lender may perform Landlord shall have the right of injunctive relief to enforce any and all of Tenant's obligations under this Section. (f) Landlord shall have the right to remedy, at Tenant's sole cost and expense, which shall be due from Tenant upon demand as additional rent, any environmental contamination revealed by any Inspection or engage an independent consultant to perform an assessment clean-up required by any Environmental Regulator. (g) All rights and remedies of the environmental condition Landlord under this Section are cumulative and in addition to any other rights or remedies provided to Landlord elsewhere in this Lease or pursuant to applicable law. In the event of any conflict between the provisions of this Section and the other provisions of this Lease, the provision which gives the greater protection to the Landlord shall control. (h) Notwithstanding any provision in this Section 26.29 to the contrary, Landlord agrees that Tenant shall not be responsible for: 1. any Hazardous Substances or Hazardous Wastes which is existing on the Demised Premises prior to Tenant's occupancy; or 2. any contamination of the Property and Demised Premises caused by Landlord, his agents, invitees, licensees, employees or anyone acting under his control or authority; or 3. any Hazardous Substances or Hazardous Wastes on the Demised Premises caused by any third party tenants Landlord has given the right to use any of Grantorthe Common Drive Easements existing on the Demised Premises; or 4. Subterranean contamination of ground, water or soil which is not the result of a contamination source which is located within the Demised Premises or is in any way related to Tenant's compliance with operations at the Demised Premises. Tenant shall only be relieved of its responsibilities as set forth in this Section at any time for reasonable cause or after an Event 26.29(h) if Tenant provides Landlord with notice of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy its discovery of any final report prepared after the assessment, to be delivered to Grantor not more than 10 such contamination within three (3) business days after Grantor requests a copy and executes Lenderof Tenant's standard confidentiality and waiver actual discovery of liability letter; (such contamination.

Environmental Covenants. (a) Grantor will not cause So long as Borrowers own or permit any Material Environmental Contamination are in possession of the Property. , Borrowers (bi) No Environmental Activity will occur on shall keep or cause the Property other than the use, storage and disposal of to be kept free from Hazardous Materials which (A) is in the ordinary course of business consistent with the Permitted Use; (B) is Substances except those in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) Laws or any Material Environmental Contamination of the Property or permits issued with respect thereto, (ii) shall promptly notify Lender if Borrowers shall become aware of any release of Hazardous Substances on the Property and/or if Borrowers shall become aware that the Property is in violation of any Environmental Activity with respect Laws and/or if Borrowers shall become aware of any condition on the Property which shall pose a threat to the health, safety or welfare of humans, and (iii) shall remove or remediate such Hazardous Substances and/or cure such violations and/or remove or remediate such threats, as applicable, as required by law (or as shall be reasonably required by Lender in the case of removal or remediation which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender ("Lender’s Consultant") provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Property that in similar circumstances), promptly after Borrowers become aware of same, at Borrowers’ sole expense, without prejudice to any rights Borrowers may have against any responsible parties. Notwithstanding anything to the contrary in this Section, 44 Borrowers, Manager and/or tenants on the Property may use and store ordinary amounts of Hazardous Substances at the Property if such use or storage is not in connection with business supplies used by Borrowers, a tenant in accordance with the preceding subsection (b). Grantor promptly will deliver terms of its Lease or by Manager pursuant to Lender copies of all documents delivered to the Management Agreement or received by Grantor regarding is in connection with the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination ordinary cleaning and maintenance of the Property or so long as such use and storage (A) does not violate any applicable Environmental Activity or concerning Grantor's status as a potentially responsible party Laws and (as defined B) is not the subject of any specific recommendations in the Environmental Laws)Phase I Reports that would prohibit such use or storage. Grantor's notification Nothing herein shall prevent Borrowers from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrowers under this Section 5.8.1 shall survive any termination, satisfaction, or assignment of the Mortgage and the exercise by Lender in accordance with of any of its rights or remedies hereunder, including, without limitation, the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination acquisition of the Property by foreclosure or Environmental Activity a conveyance in lieu of foreclosure; provided that is such obligations and liabilities of Borrowers shall not survive after the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of date Lender or its Affiliates take title to the Property that poses pursuant to foreclosure or a risk conveyance in lieu of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violationforeclosure. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. Prior to executing this Amendment, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (a) Grantor will not cause or permit any Material Environmental Contamination "Initial Disclosure Certificate"), a fully completed copy of which is attached hereto as Exhibit A and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the Property. (b) No Environmental Activity will occur information on the Property Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which are being manufactured, treated, used or stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on or about January 1 of each year during the Term and at such other than times as Tenant desires to manufacture, treat, use or store on or about the usePremises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, storage complete, execute and disposal deliver to Landlord an updated Disclosure Certificate (each, an "Updated Disclosure Certificate") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which (A) is Updated Disclosure Certificates shall be in the ordinary course of business consistent with the Permitted Use; same format as that which is set forth in Exhibit A or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (B30) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect days prior to the Property that is not date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Notwithstanding anything to the contrary contained in the Lease, Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with the preceding subsection (b)this Paragraph 7. Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the The provisions of this subsection will not be deemed to excuse any default under Paragraph 7 shall survive the Financing Documents resulting from the violation expiration or earlier termination of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violationthis Lease. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor will not cause If removal, encapsulation or permit any Material Environmental Contamination other remediation is required as to Hazardous Substances located in, on or under the Land, or the Improvements by applicable Laws (herein "REMEDIATION"), unless such Hazardous Substances were released or placed on the Land or Improvements by Tenant, Landlord immediately and with all due diligence and at no expense to Tenant, shall take all measures necessary to comply with all applicable Laws, to remove such Hazardous Substances and to perform such Remediation. Landlord shall repair and restore the Premises at its expense (herein "RESTORATION"). From the date such Hazardous Substances are discovered on the Premises to the date such Remediation and Restoration is complete, the Rent due hereunder shall be reduced by the same percentage as the percentage of the PropertyPremises which, in Tenant's good faith judgment, cannot be safely, economically or practically used for the operation of Tenant's business. Notwithstanding anything to the contrary, if in Tenant's good faith judgment such Remediation and Restoration cannot be completed within NINETY (90) DAYS following the date such Hazardous Substances are discovered, Tenant may terminate this Lease by written notice to Landlord which shall be effective on Landlord's receipt. (b) No Environmental Activity will occur on Subject to the Property other than provisions of PARAGRAPH 16 (a) of this Lease, Landlord agrees to indemnify and save Tenant harmless from and against any and all claims, judgments, demands, penalties, fines, losses and costs and expenses incurred by Tenant during or after the useterm of this Lease as a result of (i) any Hazardous Substances that Landlord causes or permits to be brought upon, storage and disposal of Hazardous Materials which (A) is kept or used in or about the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental LawsPremises; and (Cii) does not create a risk of Material Environmental Contamination any Hazardous Substance that exist in or about Premises as of the PropertyCommencement Date. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect Subject to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of PARAGRAPH 16 (a) of this subsection will not be deemed Lease, Tenant agrees to excuse indemnify and save Landlord harmless from and against any default under and all claims, judgments, demands, penalties, fines, losses and costs and expenses incurred by Landlord during or after the Financing Documents resulting from the violation term of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of this Lease as a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies result of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform Hazardous Substances that Tenant causes or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, permits to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (brought upon, kept or used in or about the Premises.

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as EXHIBIT F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be, manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "UPDATED DISCLOSURE CERTIFICATE") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in EXHIBIT F or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No As used in this Lease, the term "HAZARDOUS MATERIALS" shall mean and include any substance that is or contains (1) any "hazardous substance" as now or hereafter defined in Section 10l(14) of the Comprehensive Environmental Activity will occur on Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. Section 9601 ET SEQ.) or any regulations promulgated under CERCLA; (2) any "hazardous waste" as now or hereafter defined in the Property Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. Section 6901 ET SEQ.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. Section 2601 ET SEQ.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other than the usepetroleum hydrocarbons; (5) asbestos and asbestos-containing material, storage in any form, whether friable or non-friable; (6) polychlorinated biphenyls; (7) lead and disposal of Hazardous Materials which lead-containing materials; or (8) any additional substance, material or waste (A) is in the ordinary course presence of business consistent with which on or about the Permitted Use; Premises (i) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii) causes or threatens to cause a nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent area or property, or (iii) which, if it emanated or migrated from the Premises, could constitute a trespass, or (B) which is in compliance with all now or is hereafter classified or considered to be hazardous or toxic under any Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as EXHIBIT G and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, upon the request of Landlord and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not cause listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "UPDATED DISCLOSURE CERTIFICATE") describing Tenant's then current and proposed future uses of Hazardous Materials on or permit any Material Environmental Contamination about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in EXHIBIT G or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the PropertyPremises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No As used in this Lease, the term "HAZARDOUS MATERIALS" shall mean and include any substance that is or contains (1) any "hazardous substance" as now or hereafter defined in Section 101(14) of the Comprehensive Environmental Activity will occur on Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. Section 9601 et seq.) or any regulations promulgated under CERCLA; (2) any "hazardous waste" as now or hereafter defined in the Property Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. Section 6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. Section 2601 et seq.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other than the usepetroleum hydrocarbons; (5) asbestos and asbestos-containing material, storage in any form, whether friable or non-friable; (6) polychlorinated biphenyls; (7) lead and disposal of Hazardous Materials which lead-containing materials; or (8) any additional substance, material or waste (A) is in the ordinary course presence of business consistent with which on or about the Permitted Use; Premises (i) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii) causes or threatens to cause a nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent area or property, or (iii) which, if it emanated or migrated from the Premises, could constitute a trespass, or (B) which is in compliance with all now or is hereafter classified or considered to be hazardous or toxic under any Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”), a fully completed copy of which is attached hereto as Exhibit G and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as set forth in Exhibit G or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No Environmental Activity will occur on As used in this Lease, the Property other than the use, storage and disposal of term “Hazardous Materials which (A) is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of Materials” means (i) any Material Environmental Contamination substance or material that is included within the definitions of the Property “hazardous substances,” “hazardous materials,” “toxic substances,” “pollutant,” “contaminant,” “hazardous waste,” or (ii) “solid waste” in any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materialsLaw; (ii) Grantor will cooperate petroleum or petroleum derivatives, including crude oil or any fraction thereof, all forms of natural gas, and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender petroleum products or consultantby-products or waste; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letterpolychlorinated biphenyls (“PCBs”); (iv) asbestos and asbestos containing materials (whether friable or non-friable); (v) lead and lead-based paint or other lead containing materials (whether friable or non-friable); (vi) urea formaldehyde; (vii) microbiological pollutants; (viii) batteries or liquid solvents or similar chemicals; (ix) radon gas; and (x) mildew, fungus, mold, bacteria and/or other organic spore material.

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”), a fully completed copy of which is attached hereto as Exhibit D and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit D or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 33(a). (b) No As used in this Lease, the term “Hazardous Materials” shall mean and include any substance that is or contains (1) any “hazardous substance” as now or hereafter defined in § 101(14) of the Comprehensive Environmental Activity will occur on Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”) (42 U.S.C. § 9601 et seq.) or any regulations promulgated under CERCLA; (2) any “hazardous waste” as now or hereafter defined in the Property Resource Conservation and Recovery Act, as amended (“RCRA”) (42 U.S.C. § 6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended (“TSCA”) (15 U.S.C. § 2601 et seq.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other than the usepetroleum hydrocarbons; (5) asbestos and asbestos-containing material, storage in any form, whether friable or non-friable; (6) polychlorinated biphenyls; (7) lead and disposal of Hazardous Materials which lead-containing materials; or (8) any additional substance, material or waste (A) is in the ordinary course presence of business consistent with which on or about the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of Premises (i) requires reporting, investigation or remediation under any Material Environmental Contamination of the Property or Laws (as hereinafter defined), (ii) causes or threatens to cause a nuisance on the Premises or any Environmental Activity with respect adjacent area or property or poses or threatens to pose a hazard to the Property that is not in accordance with health or safety of persons on the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to Premises or received by Grantor regarding the matters set forth in this subsectionany adjacent area or property, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive which, if it emanated or migrated from the Premises, could constitute a copy of any final report prepared after the assessmenttrespass, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (or .

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as EXHIBIT E and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "UPDATED DISCLOSURE CERTIFICATE") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in EXHIBIT E or in such updated format as Landlord may require 29 36 from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No Environmental Activity will occur on As used in this Lease, the Property other than the use, storage term "HAZARDOUS MATERIALS" shall mean and disposal of Hazardous Materials which (A) include any substance that is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of or contains (i) any Material Environmental Contamination "hazardous substance" as now or hereafter defined in section 101(14) of the Property Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. section 9601 et seq.) or any regulations promulgated under CERCLA; (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to "hazardous waste" as now or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as hereafter defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. section 6901 et seq.) or any default regulations promulgated under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultantRCRA; (iii) Grantor will receive any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. section 2601 et seq.) or any regulations promulgated under TSCA; (iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (vi) polychlorinated biphenyls; (vii) lead and lead-containing materials; or (viii) any additional substance, material or waste (A) the presence of which on or about the Premises (1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (2) causes or threatens to cause a copy nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any final report prepared after adjacent area or property, or (3) which, if it emanated or migrated from the assessmentPremises, could constitute a trespass, or (B) which is now or is hereafter classified or considered to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (hazardous or toxic under any Environmental Laws.

Environmental Covenants. Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (a) Grantor "Initial Disclosure Certificate"), a fully completed copy of which is attached hereto as Exhibit G and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the Property. (b) No Environmental Activity will occur Commencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Property other than the useInitial Disclosure Certificate, storage complete, execute and disposal deliver to Landlord an updated Disclosure Certificate (each, an "Updated Disclosure Certificate") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which (A) is Updated Disclosure Certificates shall be in the ordinary course of business consistent with the Permitted Use; same format as that which is set forth in Exhibit G or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (B30) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect days prior to the Property that is not date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with the preceding subsection (bthis Paragraph 33(a). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth As used in this subsectionLease, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (term "

Environmental Covenants. (a) Grantor will not cause or permit any Material Environmental Contamination of the Property. (b) No Environmental Activity will occur on the Property other than the use7.1. Tenant, storage its employees, agents, contractors and disposal of Hazardous Materials which (A) is invitees in the ordinary course of Tenant’s business consistent with the Permitted Use; (B) is in compliance operations shall, at Tenant's own expense, comply with all Environmental Laws, as herein defined, in connection with its use and occupancy of the Premises and shall obtain, maintain and comply with all necessary environmental permits, approvals, registrations and licenses. 7.2. Tenant, its employees, agents, contractors and invitees in the ordinary course of Tenant’s business operations shall not use, possess, generate, release, manufacture, treat, refine, produce, process, store, dump or dispose of (collectively, “Use”) any Hazardous Substance, as herein defined, on, under, or about the Premises, the Building, or the Land or transport to or from the Premises any Hazardous Substance. Notwithstanding anything to the contrary contained in this Section 7.2, Tenant may use and store within the Premises such reasonable quantities of normal office and cleaning products as are used by Tenant in the ordinary course of its business operations and which are customarily found in first-class offices; provided such reasonable quantities and use do not constitute a danger to the health of individuals or a danger to the environment and they are used, stored and disposed of in accordance with all applicable Environmental Laws. 7.3. Tenant shall, at ▇▇▇▇▇▇'s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities (the “Authorities” or “Authority”) under the Environmental Laws. Tenant shall provide Landlord with copies of any environmental audit prepared by or for Tenant with respect to the Premises and any report(s) or filing(s) made by Tenant with any Authority. 7.4. Should Landlord or any Authority demand that a clean-up plan be prepared and that a clean-up be undertaken because of any deposit, spill, discharge, or other release of Hazardous Substances that occurs as a result of Tenant's use or occupancy of the Premises, then Tenant shall, at Tenant's own expense, prepare and submit to Landlord and any applicable Authority the required plans and all related bonds and other financial assurances, and Tenant shall carry out all such clean-up plans following their approval by Landlord and all applicable Authorities. 7.5. Tenant shall promptly provide all information regarding the Use of Hazardous Substances that is reasonably requested by Landlord. If ▇▇▇▇▇▇ fails to fulfill any duty imposed under this ARTICLE VIIARTICLE VII within ten (10) days, Landlord may fulfill such duty on behalf of Tenant, at Tenant's cost and expense; and (C) does not create a risk of Material Environmental Contamination in such case, Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the PropertyEnvironmental Laws to the Premises and ▇▇▇▇▇▇'s use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon ▇▇▇▇▇▇▇▇'s request. No such action by ▇▇▇▇▇▇▇▇ and no attempt made by Landlord to mitigate damages under any Environmental Law shall constitute a waiver of any of Tenant's obligations under this ARTICLE VII. 7.6. Tenant shall immediately notify Landlord in writing of any deposit, spill, discharge, or other release of any Hazardous Substance, whether or not in quantities that would require under law reporting to a governmental or regulatory agency. 7.7. Tenant shall also immediately notify Landlord in writing of, and shall contemporaneously provide Landlord with a copy of: (a) Any written notice of deposit, spill, discharge, or other release of Hazardous Substances in the Premises that is provided by Tenant or any subtenant or other occupant of the Premises to a governmental or regulatory agency; (b) Any notice of a violation, or a potential or alleged violation, of any Environmental Law that is received by Tenant or any subtenant or other occupant of the Premises from any governmental or regulatory agency; (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) Any inquiry, investigation, enforcement, cleanup, removal, or other action that is instituted or threatened by a governmental or regulatory agency against Tenant or any Material Environmental Contamination subtenant or other occupant of the Property or (ii) any Environmental Activity with respect Premises and that relates to the Property deposit, spill, discharge, or other release of Hazardous Substances on or from the Premises; (d) Any claim that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to instituted or received threatened by Grantor regarding the matters set forth in this subsection, including notices of Proceedings any third party against Tenant or investigations concerning any Material Environmental Contamination subtenant or other occupant of the Property Premises and that relates to any deposit, spill, discharge, or Environmental Activity other release of Hazardous Substance on or concerning Grantor's status as a potentially responsible party from the Premises; and (as defined e) Any notice of the loss of any environmental operating permit by Tenant or any subtenant or other occupant of the Premises. 7.8. Landlord shall have the right, but not the obligation, at all times during the Term to, with reasonable prior notice (except in the Environmental Lawsevent of emergency when no notice shall be required). Grantor's notification of Lender (1) inspect the Premises; (2) enter upon the Premises to conduct tests and investigations and take samples to determine whether Tenant is in accordance compliance with the provisions of this subsection will not ARTICLE VII, or as otherwise deemed necessary by Landlord; and (3) request lists of all Hazardous Substances Used on the Premises. The cost of all such inspections, tests and investigations shall be deemed to excuse any default borne by Tenant. 7.9. Tenant's obligations and liabilities under this ARTICLE VII shall survive the Financing Documents resulting from the violation of Environmental Laws expiration or the Material Environmental Contamination early termination of the Property or Environmental Activity that is Lease. For purposes of this ARTICLE VII, the subject of Building shall include the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violationLand. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor will not cause So long as Borrower owns or permit any Material Environmental Contamination is in possession of the Property. , Borrower (bi) No Environmental Activity will occur on shall keep or cause the Property other than the use, storage and disposal of to be kept free from Hazardous Materials which (A) is in the ordinary course of business consistent with the Permitted Use; (B) is Substances except those in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) Laws or any Material Environmental Contamination of the Property or permits issued with respect thereto, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Property and/or if Borrower shall become aware that the Property is in violation of any Environmental Activity with respect Laws and/or if Borrower shall become aware of any condition on the Property which shall pose a threat to the health, safety or welfare of humans, and (iii) shall remove or remediate such Hazardous Substances and/or cure such violations and/or remove or remediate such threats, as applicable, as required by law (or as shall be reasonably required by Lender in the case of removal or remediation which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender ("LENDER'S CONSULTANT") provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Property that in similar circumstances), promptly after Borrower becomes aware of same, at Borrower's sole expense. Notwithstanding anything to the contrary in this Section, Borrower, Manager and/or tenants on the Property may use and store ordinary amounts of Hazardous Substances at the Property if such use or storage is not in connection with business supplies used by Borrower, a tenant in accordance with the preceding subsection (b). Grantor promptly will deliver terms of its Lease or by Manager pursuant to Lender copies of all documents delivered to the Management Agreement or received by Grantor regarding is in connection with the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination ordinary cleaning and maintenance of the Property or so long as such use and storage (A) does not violate any applicable Environmental Activity or concerning Grantor's status as a potentially responsible party Laws and (as defined B) is not the subject of any specific recommendations in the Environmental Laws)Phase I Report that would prohibit such use or storage. Grantor's notification Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this Section 5.8.1 shall survive any termination, satisfaction, or assignment of the Mortgage and the exercise by Lender in accordance with of any of its rights or remedies hereunder, including, without limitation, the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination acquisition of the Property by foreclosure or Environmental Activity that is the subject a conveyance in lieu of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violationforeclosure. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”), a fully completed copy of which is attached hereto as Exhibit F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, on each anniversary of the PropertyCommencement Date, and at such other times as shall be required under Paragraph 33(b) below, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit F or in such updated format as Landlord may require from time to time. (b) No Environmental Activity will occur on the Property other than the useTenant’s right to manufacture, storage and disposal of treat, use or store Hazardous Materials which on or about the Premises that were not listed on, or that are in addition to the quantities described in, the Initial Disclosure Certificate (each, a “New Hazardous Material”) shall be subject to the following terms and conditions: (i) For so long as Kyphon Inc. (and specifically excluding any assignee or sublessee of Kyphon Inc.) is in possession of the Premises and is using the Premises for Customary R&D Uses, the following terms and conditions shall apply: (A) If Tenant intends to manufacture, treat, use or store twenty (20) gallons or more of a New Hazardous Material on or about the Premises, or a lesser quantity of a New Hazardous Material that is not generally used in connection with R&D uses in buildings then owned by Landlord in the ordinary course ▇▇▇▇▇▇▇ Park area of Sunnyvale, then Tenant shall deliver an Updated Disclosure Certificate to Landlord describing Tenant’s anticipated use of such New Hazardous Material. Landlord shall have the right to approve or disapprove such New Hazardous Materials in its reasonable discretion; provided, however, that Landlord shall not unreasonably withhold its approval of the use by Tenant of a New Hazardous Material that is necessary for the conduct of Tenant’s business consistent with operations in the Permitted Use; Premises, provided that Tenant takes such measures as may be recommended by Landlord’s environmental consultants (the “Environmental Consultants”) from time to time to prevent the potential spill or release of such New Hazardous Material (the “Handling Recommendations”). Landlord shall only impose Handling Recommendations where the nature of the particular New Hazardous Material reasonably justifies the Handling Recommendation, as advised by the Environmental Consultants. (B) If Tenant intends to manufacture, treat, use or store on or about the Premises less than twenty (20) gallons of a New Hazardous Material that is generally used in compliance connection with R&D uses in buildings then owned by Landlord in the ▇▇▇▇▇▇▇ Park area of Sunnyvale, then Tenant shall have the right to commence the manufacture, treatment, use or storage of such New Hazardous Material without first submitting an Updated Disclosure Certificate to Landlord, but Tenant shall describe such New Hazardous Material on the next Updated Disclosure Certificate delivered to Landlord hereunder. Landlord shall thereafter have the right to approve or disapprove such New Hazardous Materials in its reasonable discretion; provided, however, that Landlord shall not unreasonably withhold its approval of the use by Tenant of a New Hazardous Material that is necessary for the conduct of Tenant’s business operations in the Premises, provided that Tenant follows the Handling Recommendations with respect thereto. Tenant shall promptly cease the use of any New Hazardous Material disapproved by Landlord under this subparagraph (B) or, if Landlord approves the same subject to certain Handling Recommendations, Tenant shall promptly follow such Handling Recommendations. (ii) In the event Kyphon Inc. shall hereafter use the Premises for a use that is not a Customary R&D Use, and if Kyphon Inc. intends to manufacture, treat, use or store a New Hazardous Material on or about the Premises, then prior to the commencement of such manufacture, treatment, use or storage, Kyphon Inc. shall deliver an Updated Disclosure Certificate to Landlord describing Kyphon Inc.’s anticipated use of such New Hazardous Material. Landlord shall have the right to approve or disapprove such New Hazardous Materials in its reasonable discretion; provided, however, that Landlord shall not unreasonably withhold its approval of the use by Kyphon Inc. of a New Hazardous Material that is necessary for the conduct of Kyphon Inc.’s business operations in the Premises, provided that Kyphon Inc. follows the Handling Recommendations. Nothing contained in this Paragraph 33(b)(ii) shall be construed to permit Tenant to use the Premises for other than a Permitted Use without the prior consent of Landlord in accordance with Paragraph 9(a) above. (iii) In the event Kyphon Inc. assigns this Lease, and if the assignee intends to manufacture, treat, use or store a New Hazardous Material on or about the Premises, then prior to the commencement of such manufacture, treatment, use or storage, the assignee shall deliver an Updated Disclosure Certificate to Landlord describing the assignee’s anticipated use of such New Hazardous Material. Landlord shall have the right to approve or disapprove such New Hazardous Materials in its reasonable discretion; provided, however, that Landlord shall not unreasonably withhold its approval of the use by the assignee of a New Hazardous Material that is necessary for the conduct of the assignee’s business operations in the Premises, provided that the assignee follows the Handling Recommendations. (iv) In the event Kyphon Inc. subleases all or a portion of the Premises, the terms of Paragraph 33(b)(i) above shall continue to apply to Kyphon Inc. (with respect to the portion of the Premises, if any, occupied from time to time by Kyphon Inc. for Customary R&D Uses) and to the sublessee, so long as the sublessee occupies the Premises for Customary R&D Uses (with all Environmental Laws; references in Paragraph 33(b)(i) to “Kyphon Inc.” and “Tenant” being deemed to refer to the sublessee). If the sublessee desires to use the Premises for a use that is not a Customary R&D Use, then the terms of Paragraph 33(b)(ii) above shall apply (Cand all references to “Kyphon Inc.” and “Tenant” therein shall be deemed to refer to the sublessee). Nothing contained in this Paragraph 33(b)(iv) does not create shall be construed to permit Tenant or any sublessee to use the Premises for other than a risk Permitted Use without the prior consent of Material Environmental Contamination of the PropertyLandlord in accordance with Paragraph 9(a) above. (c) Grantor will notify Lender immediately upon Grantor becoming aware of As used in this Lease, the term “Hazardous Materials” means (i) any Material Environmental Contamination substance or material that is included within the definitions of the Property “hazardous substances,” “hazardous materials,” “toxic substances,” “pollutant,” “contaminant,” “hazardous waste,” or (ii) “solid waste” in any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materialsLaw; (ii) Grantor will cooperate petroleum or petroleum derivatives, including crude oil or any fraction thereof, all forms of natural gas, and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender petroleum products or consultantby-products or waste; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letterpolychlorinated biphenyls (PCBs); (iv) asbestos and asbestos containing materials (whether friable or non-friable); (v) lead and lead based paint or other lead containing materials (whether friable or non-friable); (vi) urea formaldehyde; (vii) microbiological pollutants; (viii) batteries or liquid solvents or similar chemicals; (ix) radon gas; and (x) mildew, fungus, mold, bacteria and/or other organic spore material, whether or not airborne, colonizing, amplifying or otherwise.

Environmental Covenants. The Borrower hereby consents to: (a) Grantor will Not cause, permit or exacerbate any Prohibited Activities or Conditions. The Borrower represents and warrants that it has not cause at any time caused or permit permitted any Material Prohibited Activities or Conditions except as set forth in the Environmental Contamination Assessment and that to its knowledge, no Prohibited Activities or Conditions exist or have existed on or under the Premises. The Borrower shall take all appropriate steps to prevent its employees, agents, and contractors, and any tenants from causing, permitting, or exacerbating any Prohibited Activities or Conditions. The Borrower shall not lease or allow the sublease or use of all or any portion of the PropertyPremises to any tenant, subtenant or user that, in the ordinary course of its business, would cause, permit, or exacerbate any Prohibited Activities or Conditions, and all leases, subleases and use agreements relating to the Premises shall contain provisions sufficient to ensure that tenants, subtenants and users shall not cause, permit or exacerbate any Prohibited Activities or Conditions. (b) No Environmental Activity will occur Comply in a timely manner with, and cause all employees, agents, and contractors of the Borrower and any other persons present on the Property other than Premises to so comply with, (i) any O&M Program now or hereafter in effect during the useterm of the Loan, storage and disposal of (ii) Hazardous Materials which (A) is Law, so as to minimize any economic loss to the Premises and the Loan. The Borrower shall adopt an O&M Program with respect to any Hazardous Materials as required in any Environmental Assessment or any Governmental Action relating to the ordinary course Premises, or as otherwise reasonably required by the Lender with respect to the Premises. Any O&M Program shall be performed by qualified contractors under the supervision of business consistent a consulting engineer hired by the Borrower with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination prior written approval of the PropertyLender which approval shall not be unreasonably withheld, conditioned or delayed. All costs and expenses of any O&M Program shall be paid by the Borrower, including without limitation the charges of such contractors and consulting engineer and the Lender's reasonable fees, costs and expenses incurred in connection with the monitoring and review of the O&M Program and the Borrower's performance thereunder. (c) Grantor will Promptly notify the Lender immediately upon Grantor becoming aware of in writing of: (i) any Material Environmental Contamination of the Property or Governmental Action it becomes aware of, (ii) any Environmental Activity claim made or known by Borrower to be threatened by any third party against the Borrower, the Lender, or the Premises relating to loss or injury resulting from any occurrence or condition on the Premises or any other real property that could require the removal from the Premises of any Hazardous Materials or cause any restrictions on the ownership, occupancy, transferability or use of the Premises under Hazardous Materials Law, or (iii) the occurrence of any Prohibited Activities or Conditions. The Borrower shall cooperate with any governmental inquiry, and shall comply with any governmental or judicial order, request or directive which arises from any alleged Prohibited Activities or Conditions; provided that with respect to governmental requests or directives only, the Property that is Borrower may contest or object to a good faith dispute regarding said request or directive if the Borrower notifies the Lender in advance of said contest or objection and as long as said contest or objection does not result in accordance with a violation of law or fines assessed against the preceding subsection (b). Grantor promptly will deliver Premises unless such fines are bonded by Borrower in a manner acceptable to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violationits sole discretion. (d) From time Pay promptly all reasonable costs and expenses incurred by the Lender in connection with any Governmental Action, including but not limited to time at Lender's requestcosts of any environmental audits, Grantor will deliver to Lender any information known and documents available to Grantor relating studies, investigations or remedial activities including but not limited to the removal of any Hazardous Materials from the Premises. The Borrower also shall pay promptly the costs of any environmental audits, studies, investigations or the removal of any Hazardous Materials from the Premises required by the Lender as a condition of the Property. (e) Lender may perform its consent to any sale or engage an independent consultant to perform an assessment transfer of all or any part of the environmental condition of Premises or any interest therein or required by the Property and of Grantor's compliance with this Section at any time for Lender following a reasonable cause determination by the Lender that there may be Prohibited Activities or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender Conditions on or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (under the

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as EXHIBIT F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is, to the best of Tenant's knowledge, true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on an annual basis, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "UPDATED DISCLOSURE CERTIFICATE") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit F or in such updated format as Landlord may reasonably require from time to time. Tenant shall deliver to Landlord copies of any Material Environmental Contamination and all filings (a "FILING") made after the Commencement Date with any state, local or federal governmental agencies relating to Hazardous Materials used or to be used on or about the Premises and Tenant shall promptly upon Landlord's request make appropriate representatives of Tenant available to discuss with Landlord any such Filing. Tenant shall make no use of Hazardous Materials on or about the PropertyPremises except as described in the Initial Disclosure Certificate or an Updated Disclosure Certificate, as required hereunder. (b) No Environmental Activity will occur on As used in this Lease, the Property other than the use, storage term "HAZARDOUS MATERIALS" shall mean and disposal of Hazardous Materials which (A) include any substance that is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of or contains (i) any Material Environmental Contamination "hazardous substance" as now or hereafter defined in Section 101(14) of the Property Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. Section 9601 et seq.) or any regulations promulgated under CERCLA; (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to "hazardous waste" as now or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as hereafter defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. Section 6901 et seq.) or any default regulations promulgated under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultantRCRA; (iii) Grantor will receive any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. Section 2601 et seq.) or any regulations promulgated under TSCA; (iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (vi) polychlorinated biphenyls; (vii) lead and lead-containing materials; or (viii) any additional substance, material or waste (A) the presence of which on or about the Premises (1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (2) causes or threatens to cause a copy nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any final report prepared after adjacent area or property, or (3) which, if it emanated or migrated from the assessmentPremises, could constitute a trespass, or (B) which is now or is hereafter classified or considered to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (hazardous or toxic under any Environmental Laws.

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”), a fully completed copy of which is attached hereto as Exhibit E and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit E or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 33(a). (b) No Environmental Activity will occur on As used in this Lease, the Property other than the use, storage term “Hazardous Materials” shall mean and disposal of Hazardous Materials which (A) include any substance that is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of or contains: (i) any Material Environmental Contamination “hazardous substance” as now or hereafter defined in § 101(14) of the Property Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”) (42 U.S.C. § 9601 et seq.) or any regulations promulgated under CERCLA; (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to “hazardous waste” as now or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as hereafter defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse Resource Conservation and Recovery Act, as amended (“RCRA”) (42 U.S.C. § 6901 et seq.) or any default regulations promulgated under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultantRCRA; (iii) Grantor will receive any substance now or hereafter regulated by the Toxic Substances Control Act, as amended (“TSCA”) (15 U.S.C. § 2601 et seq.) or any regulations promulgated under TSCA; (iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (vi) polychlorinated biphenyls; (vii) lead and lead-containing materials; or (viii) any additional substance, material or waste (A) the presence of which on or about the Premises (1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (2) causes or threatens to cause a copy nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any final report prepared after adjacent area or property, or (3) which, if it emanated or migrated from the assessmentPremises, could constitute a trespass, or (B) which is now or is hereafter classified or considered to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (hazardous or toxic under any Environmental Laws.

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("Initial Disclosure Certificate"), a fully completed copy of which is attached hereto as Exhibit F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is, to the best of Tenant's knowledge, true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on an annual basis, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "Updated Disclosure Certificate") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit For in such updated format as Landlord may reasonably require from time to time. Tenant shall deliver to Landlord copies of any Material Environmental Contamination and all filings (a "Filing") made after the Commencement Date with any state, local or federal governmental agencies relating to Hazardous Materials used or to be used on or about the Premises and Tenant shall promptly upon Landlord's request make appropriate representatives of Tenant available to discuss with Landlord any such Filing. Tenant shall make no use of Hazardous Materials on or about the PropertyPremises except as described in the Initial Disclosure Certificate or an Updated Disclosure Certificate, as required hereunder. (b) No As used in this Lease, the term "Hazardous Materials" shall mean and include any substance that is or contains (1) any "hazardous substance" as now or hereafter defined in § 101(14) of the Comprehensive Environmental Activity will occur Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. § 9601 et seq.) or any regulations promulgated under CERCLA; (2) any "hazardous waste" as now or hereafter defined in the Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. §6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. § 2601 et seq.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (5) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (6) polychlorinated biphenyls; (7) lead and lead-containing materials; or (8) any additional substance, material or waste (A) the presence of which on or about the Premises (i) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii) causes or threatens to cause a nuisance on the Property Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent area or property, or (iii) which, if it emanated or migrated from the Premises, could constitute a trespass, or (B) which is now or is hereafter classified or considered to be hazardous or toxic under any Environmental Laws. (c) As used in this Lease, the term "Environmental Laws" shall mean and include (1) CERCLA, RCRA and TSCA; and (2) any other than federal, state or local laws, ordinances, statutes, codes, rules, regulations, orders or decrees now or hereinafter in effect relating to (A) pollution, (B) the useprotection or regulation of human health, natural resources or the environment, (C) the treatment, storage and or disposal of Hazardous Materials, or (D) the emission, discharge, release or threatened release of Hazardous Materials which into the environment. (d) Tenant agrees that during its use and occupancy of the Premises it will (1) not (A) is permit Hazardous Materials to be present on or about the Premises except in a manner and quantity necessary for the ordinary course performance of Tenant's business consistent with the Permitted Use; or (B) is in compliance release, discharge or dispose of any Hazardous Materials on, in, at, under, or emanating from, the Premises, the Building or the Project; (2) comply with all Environmental Laws relating to Tenant's use of Hazardous Materials in, on or about the Premises in violation of any Environmental Laws; and (C3) does immediately notify Landlord of (A) any inquiry, test, investigation or enforcement proceeding by any governmental agency or authority against Tenant, Landlord or the Premises, Building or Project relating to any Hazardous Materials or under any Environmental Laws or (B) the occurrence of any event or existence of any condition that would cause a breach of any of the covenants set forth in this Paragraph 32. (e) If Tenant's use of Hazardous Materials on or about the Premises results in a release, discharge or disposal of Hazardous Materials on, in, at, under, or emanating from, the Premises, the Building or the Project, Tenant agrees to investigate, clean up, remove or remediate such Hazardous Materials in full compliance with (1) the requirements of (A) all Environmental Laws and (B) any governmental agency or authority responsible for the enforcement of any Environmental Laws; and (2) any additional requirements of Landlord that are reasonably necessary to protect the value of the Premises, the Building or the Project. (f) Upon reasonable notice to Tenant, Landlord may inspect the Premises and surrounding areas for the purpose of determining whether there exists on or about the Premises any Hazardous Material or other condition or activity that is in violation of the requirements of this Lease or of any Environmental Laws. Such inspections may include, but are not limited to, entering upon the property adjacent to or surrounding the Premises with drill rigs or other machinery for the purpose of obtaining laboratory samples. Landlord shall not be limited in the number of such inspections during the Term of this Lease but such inspections shall be reasonable in light of the circumstances. In the event (1) such inspections reveal the presence of any such Hazardous Material or other condition or activity caused by Tenant or its Agents in violation of the requirements of this Lease or of any Environmental Laws, or (2) Tenant or its Agents contribute or knowingly consent to the importation of any Hazardous Materials in, on, under, through or about the Premises, the Building or the Project or knowingly exacerbate the condition of or the conditions caused by any Hazardous Materials in, on, under, through or about the Premises, the Building or the Project, Tenant shall reimburse Landlord for the cost of such inspections within ten (10) days of receipt of a written statement therefore. Tenant will supply to Landlord such historical and operational information regarding the Premises and surrounding areas as may be reasonably requested to facilitate any such inspection and will make available for meetings appropriate personnel having knowledge of such matters. Tenant agrees to give Landlord at least sixty (60) days' prior notice of its intention to vacate the Premises so that Landlord will have an opportunity to perform such an inspection prior to such vacation. The right granted to Landlord herein to perform inspections shall not create a risk duty on Landlord's part to inspect the Premises, or liability on the part of Material Environmental Contamination Landlord for Tenant's use, storage, treatment or disposal of the PropertyHazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith. (cg) Grantor will notify Lender immediately Landlord shall have the right, but not the obligation, prior or subsequent to a Default, without in any way limiting Landlord's other rights and remedies under this Lease, to enter upon Grantor becoming aware the Premises, or to take such other actions as it deems necessary or advisable, to investigate, clean up, remove or remediate any Hazardous Materials or contamination by Hazardous Materials present on, in, at, under, or emanating from, the Premises, the Building or the Project in violation of Tenant's obligations under this Lease or under any Environmental Laws. Notwithstanding any other provision of this Lease, Landlord shall also have the right, at its election, in its own name or as Tenant's agent, to negotiate, defend, approve and appeal, at Tenant's expense, any action taken or order issued by any governmental agency or authority with regard to any such Hazardous Materials or contamination by Hazardous Materials. All costs and expenses paid or incurred by Landlord in the exercise of the rights set forth in this Paragraph 32 shall be payable by Tenant upon demand. (h) Tenant shall surrender the Premises to Landlord upon the expiration or earlier termination of this Lease free of debris, waste or Hazardous Materials placed on, about or near the Premises by Tenant or Tenant's Agents, and in a condition which complies with (i) any Material all Environmental Contamination of Laws relating to Hazardous Materials placed on, about or near the Property Premises by Tenant or Tenant's Agents and (ii) any Environmental Activity with respect additional requirements of Landlord that are reasonably necessary to protect the value of the Premises, the Building or the Project, including, without limitation, the obtaining of any closure permits or other governmental permits or approvals related to Tenant's use of Hazardous Materials in or about the Premises. Tenant's obligations and liabilities pursuant to the Property provisions of this Paragraph 32 shall survive the expiration or earlier termination of this Lease. If it is determined by Landlord that the condition of all or any portion of the Premises, the Building, and/or the Project is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance compliance with the provisions of this subsection Lease with respect to Hazardous Materials, including, without limitation, all Environmental Laws, at the expiration or earlier termination of this Lease, then at Landlord's sole option, Landlord may require Tenant to hold over possession of the Premises until Tenant can surrender the Premises to Landlord in the condition in which the Premises existed as of the Commencement Date and prior to the appearance of such Hazardous Materials which Tenant or Tenant's Agents caused to be present except for normal wear and tear, including, without limitation, the conduct or performance of any closures as required by any Environmental Laws. The burden of proof hereunder shall be upon Tenant. For purposes hereof, the term "normal wear and tear" shall not include any deterioration in the condition or diminution of the value of any portion of the Premises, the Building, and/or the Project in any manner whatsoever related to directly, or indirectly, Hazardous Materials. Any such holdover by Tenant will be with Landlord's consent, will not be deemed terminable by Tenant in any event or circumstance and will otherwise be subject to excuse any default under the Financing Documents resulting from the violation provisions of Environmental Laws or the Material Environmental Contamination Paragraph 35 of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violationthis Lease. (di) From time Tenant agrees to time at Lender's requestindemnify and hold harmless Landlord from and against any and all claims, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition losses (including, without limitation, loss in value of the PropertyPremises, the Building or the Project, liabilities and expenses (including attorneys' fees)) sustained by Landlord attributable to (1) any Hazardous Materials placed on or about the Premises, the Building or the Project by Tenant or Tenant's Agents, or (2) Tenant's breach of any provision of this Paragraph 32. (ej) Lender may perform Landlord agrees to indemnify and hold harmless Tenant from and against any and all claims, losses (including, without limitation, liabilities and expenses (including attorneys' fees)) actually sustained by Tenant attributable to any Hazardous Materials placed on or engage an independent consultant to perform an assessment about the Premises, the Building or the Project by Landlord or Landlord's Agents, but specifically excluding any other third parties. (k) The provisions of this Paragraph 32 shall survive the environmental condition expiration or earlier termination of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (Lease.

Environmental Covenants. (a) Grantor will not cause or permit any Material Environmental Contamination of the Property. (b) No Environmental Activity will occur on the Property other than the use, storage and disposal of Hazardous Materials which (A) is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's ’s status as a potentially responsible party (as defined in the Environmental Laws). Grantor's ’s notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's ’s request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's ’s compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's ’s standard confidentiality and waiver of liability letter; (

Environmental Covenants. (aA) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("Initial Disclosure Certificate"), a fully completed copy of which is attached hereto as Exhibit F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is, to the best of Tenant's knowledge, true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit stored on or about the Premises by Tenant or Tenant's Agents. [...***...] Tenant shall deliver to Landlord copies of any Material Environmental Contamination and all filings (a "Filing") made after the Commencement Date with any state, local or federal governmental agencies relating to Hazardous Materials used or to be used on or about the Premises and Tenant shall promptly upon Landlord's request make appropriate representatives of Tenant available to discuss with Landlord any such Filing. Tenant shall make no use of Hazardous Materials on or about the PropertyPremises except as described in the Initial Disclosure Certificate or an Updated Disclosure Certificate, as required hereunder. (bB) No As used in this Lease, the term "Hazardous Materials" shall mean and include any substance that is or contains (1) any "hazardous substance" as now or hereafter defined in Section 101 (14) of the Comprehensive Environmental Activity will occur on Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. Section 9601 et seq.) or any regulations promulgated under *CONFIDENTIAL TREATMENT REQUESTED 37. CERCLA; (2) any "hazardous waste" as now or hereafter defined in the Property Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. Section 6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. Section 2601 et seq.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other than the usepetroleum hydrocarbons; (5) asbestos and asbestos-containing material, storage in any form, whether friable or non-friable; (6) polychlorinated biphenyls; (7) lead and disposal of Hazardous Materials which lead-containing materials; or (8) any additional substance, material or waste (A) is in the ordinary course presence of business consistent with which on or about the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of Premises (i) requires reporting, investigation or remediation under any Material Environmental Contamination of the Property or Laws (as hereinafter defined), (ii) causes or threatens to cause a nuisance on the Premises or any Environmental Activity with respect adjacent area or property or poses or threatens to pose a hazard to the Property that is not in accordance with health or safety of persons on the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to Premises or received by Grantor regarding the matters set forth in this subsectionany adjacent area or property, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive which, if it emanated or migrated from the Premises, could constitute a copy of any final report prepared after the assessmenttrespass, or(B) which is now or is hereafter classified or considered to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (hazardous or toxic under any Environmental Laws.

Environmental Covenants. Mortgagor covenants: (aA) Grantor will not cause That no Hazardous Materials (as defined below) are currently on or permit any Material in the Property (except as expressly described in the Phase I Environmental Contamination Site Assessment of the Property. (bProperty prepared by ATC Associates, Inc., dated November 18, 2003) No Environmental Activity will occur or shall be installed, used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of, in, on or under the Property other than Hazardous Materials in quantities and of types reasonably and customarily associated with general office use which have been and are stored, used and disposed of in compliance with Hazardous Material Laws (as defined below) and the usepresence of which do not require compliance with any reporting requirements under any Hazardous Material Laws; (B) That no activity shall be undertaken on the Property which would cause: (1) the Property to become a hazardous waste treatment, storage or disposal facility under any Hazardous Material Law, (2) a release or threatened release of Hazardous Material from the Property in violation of any Hazardous Material Law, or (3) the discharge of Hazardous Material into any watercourse, body of surface or subsurface water or wetland, or the discharge into the atmosphere of any Hazardous Material which would require a permit under any Hazardous Material Law and disposal for which no such permit has been issued; (C) That no activity shall be undertaken or permitted to be undertaken, by the Mortgagor on the Property which would result in a violation under any Hazardous Material Law; and (D) To obtain and deliver to Mortgagee, within a reasonable time following completion of actions required by an appropriate governmental agency, certifications of engineers or other professionals reasonably acceptable to Mortgagee, in form and substance satisfactory to Mortgagee, certifying that all necessary and required actions to clean up, remove, contain, prevent and eliminate all releases or threats of release of Hazardous Materials which (A) on or about the Property to the levels required by the appropriate governmental agencies have been taken and, to the knowledge of such professional, the Property is in the ordinary course of business consistent with the Permitted Use; (B) is then in compliance with applicable Hazardous Material Laws as then in effect and applicable to such actions. For purposes of this Mortgage, "Hazardous Materials" means and includes asbestos or any substance containing asbestos, polychlorinated biphenyls, any explosives, radioactive materials, chemicals known or suspected to cause cancer or reproductive toxicity, pollutants, effluents, contaminants, emissions, infectious wastes, any petroleum or petroleum-derived waste or product or related materials and any items defined as hazardous, special or toxic materials, substances or waste under any Hazardous Material Law, or any material which shall be removed from the Property pursuant to any administrative order or enforcement proceeding or in order to place the Property in a condition that is suitable for ordinary use. "Hazardous Material Laws" means all Environmental Laws; federal, state and local laws (C) does not create a risk of Material Environmental Contamination whether under common law, statute or otherwise), ordinances, rules, regulations and guidance documents now in force, as amended from time to time, in any way relating to or regulating human health or safety, industrial hygiene or environmental conditions, protection of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property environment, pollution or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests contamination of the air, soil, ground surface water or groundwater, and building materials; (ii) Grantor will cooperate includes, without limitation, the Comprehensive Environmental Response, Compensation, and use best efforts to cause tenants Liability Act of 1980, 42 U.S.C. Section 9601, et seq., the Resource Conservation and other occupants of Recovery Act, 42 U.S.C. Section 6901, et seq., the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after Clean Water Act, 33 U.S.C. Section 1251 et seq., the assessmentClean Air Act, to be delivered to Grantor not more than 10 days after Grantor requests a copy as amended, 42 U.S.C. Section 7401 et seq., the Occupational Safety and executes Lender's standard confidentiality Health Act, 29 U.S.C. Section 651 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. Section 1321 et seq., and waiver of liability letter; (the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”), a fully completed copy of which is attached hereto as Exhibit D and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit D or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 33(a). (b) No As used in this Lease, the term “Hazardous Materials” shall mean and include any substance that is or contains (1) any “hazardous substance” as now or hereafter defined in § 101(14) of the Comprehensive Environmental Activity will occur on Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”) (42 U.S.C. § 9601 et seq.) or any regulations promulgated under CERCLA; (2) any “hazardous waste” as now or hereafter defined in the Property Resource Conservation and Recovery Act, as amended (“RCRA”) (42 U.S.C. § 6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended (“TSCA”) (15 U.S.C. § 2601 et seq.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other than the usepetroleum hydrocarbons; (5) asbestos and asbestos-containing material, storage in any form, whether friable or non-friable; (6) polychlorinated biphenyls; (7) lead and disposal of Hazardous Materials which lead-containing materials; or (8) any additional substance, material or waste (A) is in the ordinary course presence of business consistent with which on or about the Permitted Use; Premises (i) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii) causes or threatens to cause a nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent area or property, or (iii) which, if it emanated or migrated from the Premises, could constitute a trespass, or (B) which is in compliance with all now or is hereafter classified or considered to be hazardous or toxic under any Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as EXHIBIT F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate or any Updated Disclosure Certificate (as hereinafter defined), is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "UPDATED DISCLOSURE CERTIFICATE") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in EXHIBIT F or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or in any Updated Disclosure Certificate, and except for reasonable quantities of janitorial and cleaning products and office supplies used by tenants of premises comparable to the Premises (collectively "PERMITTED MATERIALS") (and for which no Disclosure Certificate shall be required). (b) No As used in this Lease, the term "HAZARDOUS MATERIALS" shall mean and include any substance that is or contains (1) any "hazardous substance" as now or hereafter defined in Section 101(14) of the Comprehensive Environmental Activity will occur on Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. Section 9601 ET SEQ.) or any regulations promulgated under CERCLA; (2) any "hazardous waste" as now or hereafter defined in the Property Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. Section 6901 ET SEQ.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. Section 2601 ET SEQ.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other than the usepetroleum hydrocarbons; (5) asbestos and asbestos-containing material, storage in any form, whether friable or non-friable; (6) polychlorinated biphenyls; (7) lead and disposal of Hazardous Materials which lead-containing materials; or (8) any additional substance, material or waste (A) is in the ordinary course presence of business consistent with which on or about the Permitted Use; Premises (i) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii) causes or threatens to cause a nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent area or property, or (iii) which, if it emanated or migrated from the Premises, could constitute a trespass, or (B) which is in compliance with all now or is hereafter classified or considered to be hazardous or toxic under any Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("Initial Disclosure Certificate"), a fully completed copy of which is attached hereto as Exhibit E and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "Updated Disclosure Certificate") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit E or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No As used in this Lease, the term "Hazardous Materials" shall mean and include any substance that is or contains (1) any "hazardous substance" as now or hereafter defined in 101(14) of the Comprehensive Environmental Activity will occur on Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. 9601 et seq.) or any regulations promulgated under CERCLA; (2) any "hazardous waste" as now or hereafter defined in the Property Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. 6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. 2601 et seq.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other than the usepetroleum hydrocarbons; (5) asbestos and asbestos- containing material, storage in any form, whether friable or non- friable; (6) polychlorinated biphenyls; (7) lead and disposal of Hazardous Materials which lead- containing materials; or (8) any additional substance, material or waste (A) is in the ordinary course presence of business consistent with which on or about the Permitted Use; Premises (i) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii) causes or threatens to cause a nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent area or property, or (iii) which, if it emanated or migrated from the Premises, could constitute a trespass, or (B) which is in compliance with all now or is hereafter classified or considered to be hazardous or toxic under any Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as EXHIBIT D and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "UPDATED DISCLOSURE CERTIFICATE") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in EXHIBIT D or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No As used in this Lease, the term "HAZARDOUS MATERIALS" shall mean and include any substance that is or contains (1) any "hazardous substance" as now or hereafter defined in Section 101(14) of the Comprehensive Environmental Activity will occur on Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. Section 9601 et seq.) or any regulations promulgated under CERCLA; (2) any "hazardous waste" as now or hereafter defined in the Property Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. Section 6901 et seq.) or any regulations 47 promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. Section 2601 et seq.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other than the usepetroleum hydrocarbons; (5) asbestos and asbestos-containing material, storage in any form, whether friable or non-friable; (6) polychlorinated biphenyls; (7) lead and disposal of Hazardous Materials which lead-containing materials; or (8) any additional substance, material or waste (A) is in the ordinary course presence of business consistent with which on or about the Permitted Use; Premises (i) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii) causes or threatens to cause a nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent area or property, or (iii) which, if it emanated or migrated from the Premises, could constitute a trespass, or (B) which is in compliance with all now or is hereafter classified or considered to be hazardous or toxic under any Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. Borrower covenants: (aA) Grantor will not cause That no Hazardous Materials (as defined below) are currently on or permit any Material in the Property (except as expressly described in the Phase I Environmental Contamination Site Assessment of the Property. (bProperty prepared by ATC Associates, Inc., dated July 20, 2004, as updated for Lender) No Environmental Activity will occur or shall be installed, used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of, in, on or under the Property other than Hazardous Materials in quantities and of types reasonably and customarily associated with general office use which have been and are stored, used and disposed of in compliance with Hazardous Material Laws (as defined below) and the usepresence of which do not require compliance with any reporting requirements under any Hazardous Material Laws; (B) That no activity shall be undertaken on the Property which would cause: (1) the Property to become a hazardous waste treatment, storage or disposal facility under any Hazardous Material Law, (2) a release or threatened release of Hazardous Material from the Property in violation of any Hazardous Material Law, or (3) the discharge of Hazardous Material into any watercourse, body of surface or subsurface water or wetland, or the discharge into the atmosphere of any Hazardous Material which would require a permit under any Hazardous Material Law and disposal for which no such permit has been issued; (C) That no activity shall be undertaken or permitted to be undertaken, by Borrower on the Property which would result in a violation under any Hazardous Material Law; and (D) To obtain and deliver to Lender, within a reasonable time following completion of actions required by an appropriate governmental agency, certifications of engineers or other professionals reasonably acceptable to Lender, in form and substance satisfactory to Lender, certifying that all necessary and required actions to clean up, remove, contain, prevent and eliminate all releases or threats of release of Hazardous Materials which (A) on or about the Property to the levels required by the appropriate governmental agencies have been taken and, to the knowledge of such professional, the Property is in the ordinary course of business consistent with the Permitted Use; (B) is then in compliance with all Environmental Laws; applicable Hazardous Material Laws as then in effect and (C) does not create a risk applicable to such actions. For purposes of this Security Deed, "Hazardous Materials" means and includes asbestos or any substance containing asbestos, polychlorinated biphenyls, any explosives, radioactive materials, chemicals known or suspected to cause cancer or reproductive toxicity, pollutants, effluents, contaminants, emissions, infectious wastes, any petroleum or petroleum-derived waste or product or related materials and any items defined as hazardous, special or toxic materials, substances or waste under any Hazardous Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) Law, or any Material Environmental Contamination of material which shall be removed from the Property pursuant to any administrative order or (ii) any Environmental Activity with respect enforcement proceeding or in order to place the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (condition

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("Initial Disclosure Certificate"), a fully completed copy of which is attached hereto as Exhibit F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "Updated Disclosure Certificate") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit F or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No As used in this Lease, the term "Hazardous Materials" shall mean and include any substance that is or contains (1) any "hazardous substance" as now or hereafter defined in Section 101(14) of the Comprehensive Environmental Activity will occur on Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") (42 U.S.C. Section 9601 et seq.) or any regulations promulgated under CERCLA; (2) any "hazardous waste" as now or hereafter defined in the Property Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. Section 6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. Section 2601 et seq.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other than the usepetroleum hydrocarbons; (5) asbestos and asbestos-containing material, storage in any form, whether friable or non-friable; (6) polychlorinated biphenyls; (7) lead and disposal of Hazardous Materials which lead-containing materials; or (8) any additional substance, material or waste (A) is in the ordinary course presence of business consistent with which on or about the Permitted Use; Premises requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), or (B) which is in compliance with all now or is hereafter classified or considered to be hazardous or toxic under any Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i) any Material Environmental Contamination of the Property or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed. executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("Initial Disclosure Certificate"), a fully completed copy of which is attached hereto as Exhibit F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "Updated Disclosure Certificate") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit F or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No As used in this Lease, the term "Hazardous Materials" shall mean and include any substance that is or contains (1) any "hazardous substance" as now or hereafter defined in (S)(S) 101(14) of the Comprehensive Environmental Activity will occur on the Property other than the useResponse, storage Compensation, and disposal Liability Act of Hazardous Materials which 1980, as amended (A"CERCLA")(42 U.S.C. (S)(S) is in the ordinary course of business consistent with the Permitted Use9601 et seq.) or any regulations promulgated under CERCLA; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i2) any Material Environmental Contamination of the Property "hazardous waste" as now or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as hereafter defined in the Environmental Laws). Grantor's notification of Lender in accordance with Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. (S)(S) 6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the provisions of this subsection will not be deemed to excuse Toxic Substance Control Act, as amended ("TSCA") (15 U.S.C. (S)(S) 2601 et seq.) or any default regulations promulgated under the Financing Documents resulting from the violation of Environmental Laws TSCA; (4) petroleum, petroleum by- products, gasoline, diesel fuel, or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice other petroleum hydrocarbons; (5) asbestos and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (ifasbestos-containing material, in both instancesany form, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender whether friable or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materialsnon-friable; (ii6) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultantpolychlorinated biphenyls; (iii7) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy lead and executes Lender's standard confidentiality and waiver of liability letter; (lead-containing materials or

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate ("Initial Disclosure Certificate"), a fully completed copy of which is attached hereto as Exhibit G and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant's Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an "Updated Disclosure Certificate") describing Tenant's then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit G or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its sole and absolute discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No As used in this Lease, the term "Hazardous Materials" shall mean and include any substance that is or contains (1) any "hazardous substance" as now or hereafter defined in Section 101(14) of the Comprehensive Environmental Activity will occur on the Property other than the useResponse, storage Compensation, and disposal Liability Act of Hazardous Materials which 1980, as amended (A"CERCLA") is in the ordinary course of business consistent with the Permitted Use(42 U.S.C. Section 9601 et seq.) or any regulations promulgated under CERCLA; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of (i2) any Material Environmental Contamination of the Property "hazardous waste" as now or (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as hereafter defined in the Environmental Laws)Resource Conservation and Recovery Act, as amended ("RCRA") (42 U.S.C. Section. Grantor's notification of Lender in accordance with 6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the provisions of this subsection will not be deemed to excuse Toxic Substances Control Act, as amended ("TSCA") (15 U.S.C. Section 2601 et seq.) or any default regulations promulgated under the Financing Documents resulting from the violation of Environmental Laws TSCA; (4) petroleum, petroleum by-products, gasoline, diesel fuel, or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice other petroleum hydrocarbons; (5) asbestos and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (ifasbestos-containing material, in both instancesany form, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: whether friable or non-friable; (i6) Lender or consultant may enter polychlorinated biphenyls; (7) lead and inspect the Property and perform tests of the air, soil, ground water and building lead-containing materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (or

Environmental Covenants. (a) Grantor Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”), a fully completed copy of which is attached hereto as Exhibit F and incorporated herein by this reference. By execution of this Lease, Landlord shall be deemed to have approved the Initial Disclosure Certificate and the materials indicated thereon shall be deemed “necessary for the ordinary performance of Tenant’s business” for purposes of Paragraph 32(d) below. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is true and correct and accurately describes the Hazardous Materials which will not cause be manufactured, treated, used or permit any Material Environmental Contamination stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, on each anniversary of the PropertyCommencement Date and at such other times as Tenant desires to manufacture, treat, use or store on or about the Premises new or additional Hazardous Materials which were not listed on the Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit F or in such updated format as Landlord may require from time to time. Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days prior to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials on or about the Premises, and Landlord shall have the right to approve or disapprove such new or additional Hazardous Materials in its reasonable discretion. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) No Environmental Activity will occur on As used in this Lease, the Property other than the use, storage term “Hazardous Materials” shall mean and disposal of Hazardous Materials which (A) include any substance that is in the ordinary course of business consistent with the Permitted Use; (B) is in compliance with all Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Lender immediately upon Grantor becoming aware of or contains: (i) any Material Environmental Contamination “hazardous substance” as now or hereafter defined in § 101(14) of the Property Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”) (42 U.S.C. § 9601 et seq.) or any regulations promulgated under CERCLA; (ii) any Environmental Activity with respect to the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver to Lender copies of all documents delivered to “hazardous waste” as now or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as a potentially responsible party (as hereafter defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse Resource Conservation and Recovery Act, as amended (“RCRA”) (42 U.S.C. § 6901 et seq.) or any default regulations promulgated under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violation. (d) From time to time at Lender's request, Grantor will deliver to Lender any information known and documents available to Grantor relating to the environmental condition of the Property. (e) Lender may perform or engage an independent consultant to perform an assessment of the environmental condition of the Property and of Grantor's compliance with this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultantRCRA; (iii) Grantor will receive any substance now or hereafter regulated by the Toxic Substances Control Act, as amended (“TSCA”) (15 U.S.C. § 2601 et seq.) or any regulations promulgated under TSCA; (iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (vi) polychlorinated biphenyls; (vii) lead and lead-containing materials; or (viii) any additional substance, material or waste (A) the presence of which on or about the Premises (1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (2) causes or threatens to cause a copy nuisance on the Premises or any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any final report prepared after adjacent area or property, or (3) which, if it emanated or migrated from the assessmentPremises, could constitute a trespass, or (B) which is now or is hereafter classified or considered to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (hazardous or toxic under any Environmental Laws.

Environmental Covenants. (a) Grantor will not cause Borrower shall, at its expense, comply with all applicable laws, regulations, codes and ordinances relating to any Hazardous Materials or permit to any Material Environmental Contamination of the PropertyActivities (as such terms are defined hereinbelow), including, without limitation, obtaining and filing all applicable notices, permits, licenses and similar authorizations (collectively, "ENVIRONMENTAL LAWS"). (b) No Environmental Activity will occur on the Property other than the use, storage and disposal of Borrower shall not use or permit to be used any Hazardous Materials which (A) is in the ordinary course construction of business consistent with the Permitted Use; (B) is Homes in compliance with all violation of Environmental Laws; and (C) does not create a risk of Material Environmental Contamination of the Property. (c) Grantor will notify Borrower agrees to submit from time to time, if requested by Lender, a report, satisfactory to Lender, certifying that the Property is not now being used nor been used in the past for any Environmental Activities except as has been previously disclosed to Lender immediately upon Grantor becoming aware of (i) in writing and approved by Lender. Lender reserves the right, in its reasonable discretion, to retain, at Borrower's expense, an independent professional consultant to review any Material Environmental Contamination report prepared by Borrower and/or to conduct its own investigation of the Property or (ii) any Environmental Activity with respect for Hazardous Materials. Borrower hereby grants to Lender, its agents, employees, consultants and contractors the right to enter upon the Property that is not in accordance with the preceding subsection (b). Grantor promptly will deliver and to Lender copies of all documents delivered perform such tests as are reasonably necessary to or received by Grantor regarding the matters set forth in this subsection, including notices of Proceedings or investigations concerning any Material Environmental Contamination of the Property or Environmental Activity or concerning Grantor's status as conduct such a potentially responsible party (as defined in the Environmental Laws). Grantor's notification of Lender in accordance with the provisions of this subsection will not be deemed to excuse any default under the Financing Documents resulting from the violation of Environmental Laws or the Material Environmental Contamination of the Property or Environmental Activity that is the subject of the notice. If Grantor receives notice of a suspected violation of Environmental Laws in the vicinity of the Property that poses a risk of Material Environmental Contamination of the Property, Grantor will give Lender notice and copies of any documents received relating to such suspected violationreview and/or investigation. (d) From Upon the discovery by Borrower of any event or situation which would render any of the representations or warranties contained in Section 6.15 hereof inaccurate in any respect if made at the time of such discovery, Borrower shall promptly notify Lender of such event or situation and, within thirty (30) days after such discovery, submit to Lender a preliminary written environmental plan setting forth a general description of such event or situation and the action that Borrower proposes to take with respect thereto. Within sixty (60) days after such discovery, Borrower shall submit to Lender a final written environmental report, setting forth a detailed description of such event or situation and the action that Borrower proposes to take with respect thereto, including, without limitation, any proposed corrective work, the estimated cost and time of completion, and such additional data, instruments, documents, agreements or other materials or information as Lender may reasonably request. The plan shall be subject to Lender's written approval, which approval may be granted or withheld in Lender's sole but reasonable discretion. If Lender disapproves said plan, such disapproval shall, at Lender's requestoption and upon notice to Borrower, Grantor will deliver to constitute an "EVENT OF DEFAULT" hereunder. The rights of Lender any information known and documents available to Grantor relating with respect to the environmental condition approval or disapproval of the Property. (e) plan set forth herein and the actions of Lender may perform pursuant to such rights are not intended to, and shall not, in and of themselves, confer on Lender a right to manage, operate or engage an independent consultant to perform an assessment control the Property on a continuing basis following the discovery of the environmental condition of the Property and of Grantor's compliance with event(s) or occurrence(s) described in this Section at any time for reasonable cause or after an Event of Default (if, in both instances, Lender has reasonable suspicion to believe that an Environmental Activity has occurred which could result in a Material Environmental Contamination5.14(d). In connection with the assessment: (i) Lender or consultant may enter and inspect the Property and perform tests of the air, soil, ground water and building materials; (ii) Grantor will cooperate and use best efforts to cause tenants and other occupants of the Property to cooperate with Lender or consultant; (iii) Grantor will receive a copy of any final report prepared after the assessment, to be delivered to Grantor not more than 10 days after Grantor requests a copy and executes Lender's standard confidentiality and waiver of liability letter; (.