Common use of Environmental Covenants Clause in Contracts

Environmental Covenants. (a) 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 more frequently than annually, 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) 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 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 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.

Environmental Covenants. (a) 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 more frequently than annually, on each anniversary of the Commencement Date and at such other times as any time Tenant desires is required to notify (or seek approval from) the applicable governmental authorities in connection with the manufacture, treattreatment, use or store 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 that which is set forth in 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 its sole and absolute discretionsimilar 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 Certificate, Like Kind Materials, or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a). (b) As used in this Lease, the term “Hazardous Materials” shall mean and include means (i) any substance or material that is or contains (1) any included within the definitions of “hazardous substancesubstances,” as now or hereafter defined in § 101(14) of the 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; (2) any hazardous materials,” “toxic substances,” “pollutant,” “contaminant,” “hazardous waste,” as now or hereafter defined “solid waste” in the Resource Conservation and Recovery Actany Environmental Law; (ii) petroleum or petroleum derivatives, as amended (“RCRA”) (42 U.S.C. § 6901 et seq.) including crude oil or any regulations promulgated under RCRAfraction thereof, all forms of natural gas, and petroleum products or by-products or waste; (3iii) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended polychlorinated biphenyls (“TSCA”) (15 U.S.C. § 2601 et seq.) or any regulations promulgated under TSCAPCBs); (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (5iv) asbestos and asbestos-asbestos containing material, in any form, materials (whether friable or non-friable); (6) polychlorinated biphenyls; (7v) lead and leadlead based paint or other lead containing materials (whether friable or non-containing materialsfriable); (vi) urea formaldehyde; (vii) microbiological pollutants; (viii) batteries or liquid solvents or similar chemicals; (8) any additional substanceix) radon gas; and (x) mildew, material or waste (A) the presence of which on or about the Premises (i) requires reportingfungus, investigation or remediation under any Environmental Laws (as hereinafter defined)mold, (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 now or is hereafter classified or considered to be hazardous or toxic under any Environmental Lawsbacteria and/or other organic spore material.

Environmental Covenants. (a) Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”"INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as Exhibit G EXHIBIT F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is is, to the best of Tenant's knowledge, 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 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, 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 Certificatean annual basis, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”"UPDATED DISCLOSURE CERTIFICATE") describing Tenant’s '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 F 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 copies of any and all filings (30a "FILING") days prior made after the Commencement Date with any state, local or federal governmental agencies relating to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials used or to be used on or about the Premises, Premises and Tenant shall promptly upon Landlord's request make appropriate representatives of Tenant available to discuss with Landlord shall have the right to approve or disapprove any such new or additional Hazardous Materials in its sole and absolute discretionFiling. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or an Updated Disclosure Certificate, as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a)required hereunder. (b) As used in this Lease, the term “Hazardous Materials” "HAZARDOUS MATERIALS" shall mean and include any substance that is or contains (1i) any “"hazardous substance” " as now or hereafter defined in § Section 101(14) of the 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; (2ii) any “"hazardous waste” " as now or hereafter defined in the Resource Conservation and Recovery Act, as amended (“"RCRA”") (42 U.S.C. § Section 6901 et seq.) or any regulations promulgated under RCRA; (3iii) 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; (4iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (5v) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (6vi) polychlorinated biphenyls; (7vii) lead and lead-containing materials; or (8) viii) any additional substance, material or waste (A) the presence of which on or about the Premises (i1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii2) 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 (iii3) 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.

Environmental Covenants. (a) 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 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 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(a33(a). (b) As used in this Lease, the term “Hazardous Materials” shall mean and include any substance that is or contains contains: (1i) any “hazardous substance” as now or hereafter defined in § 101(14) of the 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; (2ii) 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; (3iii) 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; (4iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (5v) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (6vi) polychlorinated biphenyls; (7vii) lead and lead-containing materials; or (8) viii) any additional substance, material or waste (A) the presence of which on or about the Premises (i1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii2) 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 (iii3) 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.

Environmental Covenants. (a) 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “"Updated Disclosure Certificate”") describing Tenant’s '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 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) 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 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-asbestos- containing material, in any form, whether friable or non-non- friable; (6) polychlorinated biphenyls; (7) lead and lead-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 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.

Environmental Covenants. (a) 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 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 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) As used in this Lease, the term “Hazardous Materials” shall mean and include means (i) any substance or material that is or contains (1) any included within the definitions of “hazardous substancesubstances,” as now or hereafter defined in § 101(14) of the 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; (2) any hazardous materials,” “toxic substances,” “pollutant,” “contaminant,” “hazardous waste,” or “solid waste” in any Environmental Law (as now or hereafter defined in the Resource Conservation and Recovery ActParagraph 32(c) below); (ii) petroleum or petroleum derivatives, as amended (“RCRA”) (42 U.S.C. § 6901 et seq.) including crude oil or any regulations promulgated under RCRAfraction thereof, all forms of natural gas, and petroleum products or by-products or waste; (3iii) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended polychlorinated biphenyls (“TSCA”) (15 U.S.C. § 2601 et seq.) or any regulations promulgated under TSCAPCBs); (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (5iv) asbestos and asbestos-asbestos containing material, in any form, materials (whether friable or non-friable); (6) polychlorinated biphenyls; (7v) lead and lead-based paint or other lead containing materialsmaterials (whether friable or non-friable); (vi) urea formaldehyde; (vii) microbiological pollutants; (viii) batteries or liquid solvents or similar chemicals; (8) any additional substanceix) radon gas; and (x) mildew, material fungus, mold, bacteria and/or other organic spore material, whether or waste (A) the presence of which on not airborne, colonizing, amplifying 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 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 Lawsotherwise.

Environmental Covenants. (a) 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 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 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 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) As used in this Lease, the term “Hazardous Materials” shall mean and include any substance that is or contains contains: (1i) any “hazardous substance” as now or hereafter defined in § 101(14) of the 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; (2ii) 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; (3iii) 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; (4iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (5v) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (6vi) polychlorinated biphenyls; (7vii) lead and lead-containing materials; or (8) viii) any additional substance, material or waste (A) the presence of which on or about the Premises (i1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii2) 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 (iii3) 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.

Environmental Covenants. (a) Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”"INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as Exhibit G 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”"UPDATED DISCLOSURE CERTIFICATE") describing Tenant’s '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 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 in any Updated Disclosure Certificate, and except for reasonable quantities of janitorial and cleaning products and office supplies used by Landlord in writing in accordance with this Paragraph 32(atenants of premises comparable to the Premises (collectively "PERMITTED MATERIALS") (and for which no Disclosure Certificate shall be required). (b) As used in this Lease, the term “Hazardous Materials” "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 Response, Compensation, and Liability Act of 1980, as amended (“"CERCLA”") (42 U.S.C. § Section 9601 et seqET 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. § Section 6901 et seqET 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 seqET 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 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.

Environmental Covenants. (a) 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 more frequently than annually, 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) As used in this Lease, the term “Hazardous Materials” "HAZARDOUS MATERIALS" shall mean and include any substance that is or contains (1) petroleum, asbestos, polychlorinated biphenyls, lead, or any “hazardous other substance” as , material or waste which is now or is hereafter defined in § 101(14) classified or considered to be hazardous or toxic under any federal, state or local law, rule, regulation or ordinance relating to pollution or the protection or regulation of human health, natural resources or the environment including, without limitation, the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980(CERCLA), as amended (“CERCLA”) (42 U.S.C. § 9601 et Section 9601, et. seq.) , or any regulations promulgated under CERCLA; (2) any “hazardous waste” as now the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et. seq. or hereafter defined in the Resource Conservation and Recovery Act, as amended (“RCRA”) (42 U.S.C. § 6901 et Section 6901, et. seq.. (collectively "ENVIRONMENTAL LAWS" ) 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 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 property. (b) Tenant agrees that during its use and occupancy of the Premises it will not permit Hazardous Materials to be present on or propertyabout the Premises except for cleaning supplies and other business supplies customarily used and stored in an office and that it will comply with all Environmental Laws relating to the use, storage or disposal of any such Hazardous Materials. (c) 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 or the property in which the Premises are located, Tenant agrees to investigate, clean up, remove or remediate such Hazardous Materials in full compliance with (a) the requirements of (i) all Environmental Laws and (ii) any governmental agency or authority responsible for the enforcement of any Environmental Laws; and (b) any additional requirements of Landlord that are necessary, in Landlord's sole discretion, to protect the value of the Premises or the property in which the Premises are located. Landlord shall also have the right, but not the obligation, to take whatever action with respect to any such Hazardous Materials that it deems necessary, in Landlord's sole discretion, to protect the value of the Premises or the property in which the Premises are located. All costs and expenses paid or incurred by Landlord in the exercise of such right shall be payable by Tenant upon demand. (d) Upon reasonable notice to Tenant, Landlord may inspect the Premises for the purpose of determining whether there exists on the Premises any Hazardous Materials or other condition or activity that is in violation of the requirements of this Lease or of any Environmental Laws. The right granted to Landlord herein to perform inspections shall not create a duty on Landlord's part to inspect the Premises, or liability on the part of Landlord for Tenant's use, storage or disposal of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith. (e) 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 or about the Premises by Tenant or its agents, employees, contractors or invitees, and in a condition which complies with all Environmental Laws. (f) Tenant agrees to indemnify and hold harmless Landlord from and against any and all claims, damages, fines, judgments, penalties, costs, losses (including, without limitation, loss in value of the Premises or the property in which the Premises is located, damages due to loss or restriction of rentable or usable space, or any damages due to any adverse impact on marketing of the space and any and all sums paid for settlement of claims), liabilities and expenses (including, without limitation, attorneys' fees, consultant and expert fees) sustained by Landlord during or after the term of this Lease and attributable to (i) any Hazardous Materials placed on or about the Premises, the Building or the Project by Tenant or Tenant's Affiliates, or (iiiii) whichTenant's breach of any provision of this Paragraph 32. This indemnification includes, if it emanated without limitation, any and all costs incurred due to any investigation of the site or migrated any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. (g) Landlord shall indemnify, defend and hold Tenant harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses, including without limitation reasonable attorneys' fees and costs, arising out of any Hazardous Material in, on or about the PremisesProject or the Premises as of the Commencement Date of this Lease, could constitute a trespassexcluding however, any Hazardous Material whose presence was caused by Tenant by Tenant or any agents, employees, contractors, or invitees of Tenant. (Bh) which is now The provisions of this Paragraph 32 shall survive the expiration or is hereafter classified or considered to be hazardous or toxic under any Environmental Lawsearlier termination of this Lease.

Environmental Covenants. (a) Prior to executing this LeaseAmendment, 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 A 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 are being manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on or about January 1 of each year during the Term 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 '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 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 (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. 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 this Paragraph 32(a). (b) As used in 7. The provisions of this Paragraph 7 shall survive the expiration or earlier termination of 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 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 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.

Environmental Covenants. (a) 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 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “"Updated Disclosure Certificate”") describing Tenant’s '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(a33(a). (b) . 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 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 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."

Environmental Covenants. (a) 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “"Updated Disclosure Certificate”") describing Tenant’s '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 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(a33 (a). (b) As used in this Lease, the term “"Hazardous Materials” " shall mean and include any substance that is or contains contains: (1i) any “"hazardous substance” " as now or hereafter defined in § 101(14) of the 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; (2ii) 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; (3iii) 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; (4iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (5v) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (6vi) polychlorinated biphenyls; (7vii) lead and lead-containing materials; or (8) viii) any additional substance, material or waste (A) the presence of which on or about the Premises (i1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii2) 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 (iii3) 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.

Environmental Covenants. (a) Prior If removal, encapsulation or other remediation is required as to executing this LeaseHazardous Substances located in, Tenant has completedon or under the Land, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate or the Improvements by applicable Laws (“Initial Disclosure Certificate”herein "REMEDIATION"), 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 unless such Hazardous Substances were released or placed on the Initial Disclosure Certificate is true Land or Improvements by Tenant, Landlord immediately and correct with all due diligence and accurately describes the at no expense to Tenant, shall take all measures necessary to comply with all applicable Laws, to remove such Hazardous Materials which will be manufactured, treated, used or stored on or about Substances and to perform such Remediation. Landlord shall repair and restore the Premises by Tenant or Tenant’s Agentsat its expense (herein "RESTORATION"). Tenant shall, upon request by Landlord not more frequently than annually, and at From the date such other times as Tenant desires to manufacture, treat, use or store Hazardous Substances are discovered 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 such Remediation and Restoration is complete, the manufacture, treatment, use or storage Rent due hereunder shall be reduced by the same percentage as the percentage 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 which, in Tenant's good faith judgment, cannot be safely, economically or practically used for the Initial Disclosure Certificate or as otherwise approved 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 in writing in accordance with this Paragraph 32(a)which shall be effective on Landlord's receipt. (b) As used in Subject to the 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 term “Hazardous Materials” shall mean and include any substance that is or contains of this Lease as a result of (1i) any “hazardous substance” as now Hazardous Substances that Landlord causes or hereafter defined permits to be brought upon, kept or used in § 101(14) of the 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; (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), Premises; and (ii) any Hazardous Substance that exist in or about Premises as of the Commencement Date. (c) Subject to the provisions of PARAGRAPH 16 (a) of this Lease, Tenant agrees to indemnify and save Landlord harmless from and against any and all claims, judgments, demands, penalties, fines, losses and costs and expenses incurred by Landlord during or after the term of this Lease as a result of any Hazardous Substances that Tenant causes or threatens permits to cause a nuisance on the Premises be brought upon, kept or any adjacent area used in 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 about 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.

Environmental Covenants. (a) 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 F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is is, to the best of Tenant's knowledge, 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 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, 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 Certificatean annual basis, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “"Updated Disclosure Certificate”") describing Tenant’s '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 For 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 copies of any and all filings (30a "Filing") days prior made after the Commencement Date with any state, local or federal governmental agencies relating to the date Tenant intends to commence the manufacture, treatment, use or storage of new or additional Hazardous Materials used or to be used on or about the Premises, Premises and Tenant shall promptly upon Landlord's request make appropriate representatives of Tenant available to discuss with Landlord shall have the right to approve or disapprove any such new or additional Hazardous Materials in its sole and absolute discretionFiling. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or an Updated Disclosure Certificate, as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a)required hereunder. (b) 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 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 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 federal, state or local laws, ordinances, statutes, codes, rules, regulations, orders or decrees now or hereinafter in effect relating to (A) pollution, (B) the protection or regulation of human health, natural resources or the environment, (C) the treatment, storage or disposal of Hazardous Materials, or (D) the emission, discharge, release or threatened release of Hazardous Materials into the environment. (d) Tenant agrees that during its use and occupancy of the Premises it will (1) not (A) permit Hazardous Materials to be present on or about the Premises except in a manner and quantity necessary for the ordinary performance of Tenant's business or (B) 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 (3) 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 duty on Landlord's part to inspect the Premises, or liability on the part of Landlord for Tenant's use, storage, treatment or disposal of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith. (g) 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 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) all Environmental Laws relating to Hazardous Materials placed on, about or near the Premises by Tenant or Tenant's Agents and (ii) any 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 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 compliance with the provisions of this 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 terminable by Tenant in any event or circumstance and will otherwise be subject to the provisions of Paragraph 35 of this Lease. (i) Tenant agrees to indemnify and hold harmless Landlord from and against any and all claims, losses (including, without limitation, loss in value of the Premises, 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. (j) 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 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 expiration or earlier termination of this Lease.

Environmental Covenants. 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 other person has (ai) Prior to executing this Leaseused, Tenant has completed, executed and delivered to Landlord a installed or disposed of any Hazardous Materials Disclosure Certificate (hereafter defined) in, on, from, or affecting the Mortgaged Premises except in full compliance with Applicable Environmental Laws (hereafter defined); or (ii) received any notice from any governmental authority with regard to Hazardous Materials in, on, from or affecting the Mortgaged Premises. To the best of Borrower’s knowledge, no portion of the Mortgaged Premises is or has been at any time an “industrial establishment” as defined in the New Jersey Industrial Site Recovery Act (“Initial Disclosure CertificateISRA”), 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 fully completed copy letter of which is attached hereto non-applicability on and as Exhibit G of the date hereof. If the Mortgaged Premises was used as an “industrial establishment,” 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 more frequently than annuallyhazardous 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 other times as Tenant desires contamination. b. Mortgagor shall not use the Mortgaged Premises, nor allow it to be used, to generate, manufacture, refine, transport, treat, use store, handle, dispose of, transfer, produce or store on or about the Premises new or additional process Hazardous Materials which were except in full compliance with Applicable Environmental Laws. Mortgagor shall not listed on the Initial Disclosure Certificatecause or permit, completeintentionally or unintentionally, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses a release of Hazardous Materials on in, on, from or about affecting the PremisesMortgaged Premises or any other use, which Updated Disclosure Certificates shall be in the same format as that which is set forth in Exhibit G installation, 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 disposition 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 violation of Applicable Environmental Laws. c. If Mortgagor receives any notice from any governmental authority with regard to Hazardous Materials on in, on, from or about 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 except as described in the Initial Disclosure Certificate or as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a)all Applicable Environmental Laws and to the satisfaction of Mortgagee. (b) As used in this Lease, the d. The term “Applicable Environmental Laws” shall mean, without limitation, all legal requirements of any governmental authority pertaining to the preservation or enhancement of the quality of the environment or regulating or restricting the use, transfer, storage or remediation of 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 , including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”) (42 U.S.C. § 9601 Section 9601, et seq.) or any regulations promulgated under CERCLA; ), the Hazardous Materials Transportation Act, as amended (2) any “hazardous waste” as now or hereafter defined in 49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended (“RCRA”) (42 U.S.C. § 6901 Sections 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 Premises or SCCA, the ISRA and the rules and regulations adopted and publications promulgated pursuant thereto at any adjacent area or property or poses or threatens to pose a hazard to the health or safety of persons on the Premises or time. The term “Hazardous Materials” shall mean, without limitation, any adjacent area or propertyflammable explosives, or (iii) whichradioactive materials, if it emanated or migrated from the Premiseshazardous materials, could constitute a trespasshazardous wastes, or (B) which is now or is hereafter classified or considered to be hazardous or toxic substances, or related materials, asbestos or any material containing asbestos, or any other substance or material regulated under any Applicable Environmental Laws.

Environmental Covenants. (a) Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”"INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as Exhibit G 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”"UPDATED DISCLOSURE CERTIFICATE") describing Tenant’s '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 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) As used in this Lease, the term “Hazardous Materials” "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 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 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 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 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.

Environmental Covenants. (a) 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “"Updated Disclosure Certificate”") describing Tenant’s '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 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) 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 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 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 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 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.

Environmental Covenants. (a) Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”"INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as Exhibit G 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”"UPDATED DISCLOSURE CERTIFICATE") describing Tenant’s '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 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) As used in this Lease, the term “Hazardous Materials” "HAZARDOUS MATERIALS" shall mean and include any substance that is or contains (1i) any “"hazardous substance” " as now or hereafter defined in § section 101(14) of the 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; (2ii) any “"hazardous waste” " as now or hereafter defined in the Resource Conservation and Recovery Act, as amended (“"RCRA”") (42 U.S.C. § section 6901 et seq.) or any regulations promulgated under RCRA; (3iii) 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; (4iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (5v) asbestos and asbestos-containing material, in any form, whether friable or non-friable; (6vi) polychlorinated biphenyls; (7vii) lead and lead-containing materials; or (8) viii) any additional substance, material or waste (A) the presence of which on or about the Premises (i1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii2) 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 (iii3) 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.

Environmental Covenants. (a) 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “"Updated Disclosure Certificate”") describing Tenant’s '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 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) 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 Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”"CERCLA")(42 U.S.C. (S)(S) (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. § (S)(S) 6901 et seq.) or any regulations promulgated under RCRA; (3) any substance now or hereafter regulated by the Toxic Substances Substance Control Act, as amended (“"TSCA”") (15 U.S.C. § (S)(S) 2601 et seq.) or any regulations promulgated under TSCA; (4) petroleum, petroleum by-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 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.materials or

Environmental Covenants. (a) Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”"INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as Exhibit G 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 be be, manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”"UPDATED DISCLOSURE CERTIFICATE") describing Tenant’s '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 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) As used in this Lease, the term “Hazardous Materials” "HAZARDOUS MATERIALS" shall mean and include any substance that is or contains (1) any “"hazardous substance” " as now or hereafter defined in § 101(14Section 10l(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“"CERCLA”") (42 U.S.C. § Section 9601 et seqET 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. § Section 6901 et seqET 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 seqET 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 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.

Environmental Covenants. (a) Prior Tenant covenants not to executing discharge any "Hazardous Substances" or "Hazardous Wastes" (as said terms are defined in ISRA and/or Spill Compensation and Control Act) upon the Premises or any adjacent lands. In the event of any 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) 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 Premises (as those terms are defined in ISRA and/or in the regulations promulgated pursuant thereto). Tenant shall notify Landlord at least seven days in advance of 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 Premises. Landlord agrees to obtain, on Tenant's behalf, if applicable, a Letter of Non-Applicability ("LNA") from the New Jersey Department of Environmental Protection and Energy at or near the end of Term. Tenant agrees to cooperate with Landlord in obtaining said LNA. Tenant also agrees to pay to Landlord the filing fee for said LNA within ten (10) days of Tenant's receipt of an invoice for same. (c) Tenant agrees to remove and clean-up any Hazardous Substances or Hazardous Wastes prior to cessation of operation or termination of this Lease. In the event that the clean-up is not completed prior to the termination date of this Lease, Tenant has completedshall be deemed to be a Hold Over in accordance with Section 26.12 and all the obligations of Tenant under the Lease, executed including, but not limited to, the Tenant's obligation to pay Basic Rent and delivered any additional rent shall continue until completion of the clean-up and receipt of written approval of such completion from the governmental authority(ies) having jurisdiction thereof; provided, however, that Tenant's rights under the Lease shall be limited to a right of access for the sole and limited purpose of completing the required clean-up. I. H.F.&S. M.O.N.L. 10/93 (d) Landlord a Hazardous Materials Disclosure Certificate shall have the right to inspect the Premises and surrounding lands and waters and to conduct environmental surveys and testing of any nature whatsoever (“Initial Disclosure Certificate”collectively "Inspection"), at any time. Landlord's right to conduct Inspection shall include, without limitation, a fully completed copy right of which is attached hereto as Exhibit G and incorporated herein by this reference. Tenant covenants, represents and warrants access 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 all portions of the Premises by Tenant or for testing and a right to inspect all of Tenant’s Agents'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 not more frequently than annuallyLandlord, supply to Landlord, in writing, a listing of all of Tenant's raw materials and intermediate and finished products, if applicable, and at such other times as Tenant desires to manufacturea listing of any Hazardous or Toxic Substances or Wastes generated, treatmanufactured, use refined, treated, stored, handled or store disposed of on or about 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 new and Tenant has failed to provide such testing as required in subsection (b) above; (ii) the assignment or additional Hazardous Materials which were not listed 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 Initial Disclosure CertificatePremises; or (4) the Inspection is the result of or in response to any discharge, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure Certificate”) describing Tenant’s then current and proposed future uses spill or contamination of Hazardous Materials on or about the Premises, which Updated Disclosure Certificates shall 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 same format as that which is set forth formulation of a clean-up plan or otherwise. Except in Exhibit G or in such updated format as the case of an emergency, Landlord may require from time agrees to time. provide Tenant shall deliver an Updated Disclosure Certificate to Landlord not less than thirty (30) days with written notice prior to entering onto the date Tenant intends Demised Premises to commence perform an Inspection. Landlord further agrees not to perform any Inspection unless: it has a good faith belief that the manufacture, treatment, use Demised Premises contains the existence of Hazard Substances; or storage the Inspection is required by the mortgagee; or the Inspection is required by any governmental agency having jurisdiction. (e) Landlord shall have the right of new or additional Hazardous Materials on or about the Premises, injunctive relief to enforce any and all of Tenant's obligations under this Section. (f) Landlord shall have the right to approve 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 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 clean-up required by Landlord in writing in accordance with this Paragraph 32(a)any Environmental Regulator. (bg) As used All rights and remedies of the 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 term “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 Materials” shall mean and include Substances or Hazardous Wastes which is existing on the Demised Premises prior to Tenant's occupancy; or 2. any substance that is or contains (1) any “hazardous substance” as now or hereafter defined in § 101(14) contamination of the Comprehensive Environmental ResponseDemised Premises caused by Landlord, Compensationhis agents, and Liability Act 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 1980the 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 operations at the Demised Premises. Tenant shall only be relieved of its responsibilities as amended (“CERCLA”set forth in this Section 26.29(h) (42 U.S.C. § 9601 et seq.) or if Tenant provides Landlord with notice of its discovery of 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; such contamination within three (3) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended (“TSCA”) (15 U.S.C. § 2601 et seqbusiness days of Tenant's actual discovery of such contamination.) 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 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.

Environmental Covenants. (a) 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 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 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(a33(a). (b) 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 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 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.

Environmental Covenants. (a) Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”"INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as Exhibit G 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “Updated Disclosure "UPDATED DISCLOSURE Certificate”") describing Tenant’s '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 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) As used in this Lease, the term “"Hazardous Materials” " shall mean and include any substance that is or contains (1i) any “"hazardous substance” " as now or hereafter defined in § ss. 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“"CERCLA”") (42 U.S.C. § ss. 9601 et seqci SEQ.) or any regulations promulgated under CERCLA; (2ii) any “"hazardous waste” " as now or hereafter defined in the Resource Conservation and Recovery Act, as amended (“"RCRA”") (42 U.S.C. § ss. 6901 et seqci SEQ.) or any regulations promulgated under RCRA; (3iii) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended (“"TSCA”") (15 U.S.C. § ss. 2601 et seq.ET SEQ) or any regulations promulgated under TSCA; (4iv) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (5v) asbestos and asbestos-containing material, in any form, whether 30 friable or non-friable; (6vi) polychlorinated polychiorinated biphenyls; (7vii) lead and lead-containing materials; or (8) viii) any additional substance, material or waste (A) the presence of which on or about the Premises (i1) requires reporting, investigation or remediation under any Environmental Laws (as hereinafter defined), (ii2) 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 (iii3) 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.

Environmental Covenants. (a) 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 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 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(a33(a). (b) 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 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 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.

Environmental Covenants. (a) 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 's Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 Initial Disclosure Certificate, complete, execute and deliver to Landlord an updated Disclosure Certificate (each, an “"Updated Disclosure Certificate”") describing Tenant’s '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) 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 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 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 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 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.or

Environmental Covenants. (aA) 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 F and incorporated herein by this reference. Tenant covenants, represents and warrants to Landlord that the information on the Initial Disclosure Certificate is is, to the best of Tenant's knowledge, 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 's Agents. [...***...] Tenant shallshall deliver to Landlord copies of any and all filings (a "Filing") made after the Commencement Date with any state, upon request by Landlord not more frequently than annually, and at such other times as Tenant desires local or federal governmental agencies relating to manufacture, treat, use Hazardous Materials used or store to be used 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 promptly upon Landlord's request make appropriate representatives of Tenant available to discuss with 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 any such new or additional Hazardous Materials in its sole and absolute discretionFiling. Tenant shall make no use of Hazardous Materials on or about the Premises except as described in the Initial Disclosure Certificate or an Updated Disclosure Certificate, as otherwise approved by Landlord in writing in accordance with this Paragraph 32(a)required hereunder. (bB) 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(14Section 101 (14) of the 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 *CONFIDENTIAL TREATMENT REQUESTED 37. CERCLA; (2) any “"hazardous waste” " as now or hereafter defined in the 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 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 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 (Bor(B) which is now or is hereafter classified or considered to be hazardous or toxic under any Environmental Laws.

Environmental Covenants. (a) 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 more frequently than annually, on each anniversary of the 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 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) As used in this Lease, the term “Hazardous Materials” shall mean and include means (i) any substance or material that is or contains (1) any included within the definitions of “hazardous substancesubstances,” as now or hereafter defined in § 101(14) of the 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; (2) any hazardous materials,” “toxic substances,” “pollutant,” “contaminant,” “hazardous waste,” as now or hereafter defined “solid waste” in the Resource Conservation any Environmental Law; (ii) petroleum or petroleum derivatives, including crude oil or any fraction thereof, all forms of natural gas, and Recovery Act, as amended petroleum products or by-products or waste; (iii) polychlorinated biphenyls (“RCRAPCBs”) (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; (5iv) asbestos and asbestos-asbestos containing material, in any form, materials (whether friable or non-friable); (6) polychlorinated biphenyls; (7v) lead and lead-based paint or other lead containing materialsmaterials (whether friable or non-friable); (vi) urea formaldehyde; (vii) microbiological pollutants; (viii) batteries or liquid solvents or similar chemicals; (8) any additional substanceix) radon gas; and (x) mildew, material or waste (A) the presence of which on or about the Premises (i) requires reportingfungus, investigation or remediation under any Environmental Laws (as hereinafter defined)mold, (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 now or is hereafter classified or considered to be hazardous or toxic under any Environmental Lawsbacteria and/or other organic spore material.

Environmental Covenants. (a) 32.1 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, upon request by Landlord not more frequently than annually, on each anniversary of the 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 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)32.1. (b) 32.2 As used in this Lease, the term “"Hazardous Materials” shall mean and include " means (i) any substance or material that is or contains (1) any included within the definitions of “hazardous substancesubstances,” as now or hereafter defined in § 101(14) of the 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; (2) any hazardous materials,” “toxic substances,” “pollutant,” “contaminant,” “hazardous waste,” as now or hereafter defined “solid waste” in the Resource Conservation any Environmental Law; (ii) petroleum or petroleum derivatives, including crude oil or any fraction thereof, all forms of natural gas, and Recovery Act, as amended petroleum products or by-products or waste; (iii) polychlorinated biphenyls (“RCRAPCB’s”) (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; (5iv) asbestos and asbestos-asbestos containing material, in any form, materials (whether friable or non-friable); (6) polychlorinated biphenyls; (7v) lead and lead-based paint or other lead containing materialsmaterials (whether friable or non-friable); (vi) urea formaldehyde; (vii) microbiological pollutants; (viii) batteries or liquid solvents or similar chemicals; (8) any additional substanceix) radon gas; and (x) mildew, material or waste (A) the presence of which on or about the Premises (i) requires reportingfungus, investigation or remediation under any Environmental Laws (as hereinafter defined)mold, (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 now or is hereafter classified or considered to be hazardous or toxic under any Environmental Lawsbacteria and/or other organic spore material.

Environmental Covenants. (a) 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 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 be manufactured, treated, used or stored on or about the Premises by Tenant or Tenant’s Agents. Tenant shall, upon request by Landlord not more frequently than annuallyon each anniversary of the 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 Initial Disclosure Certificateshall 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 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 F or in such updated format as Landlord may require from time to time. . (b) Tenant’s right to manufacture, treat, use or store Hazardous Materials 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 ▇▇▇▇▇▇▇ 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 operations in the 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 thirty twenty (3020) days prior to gallons of a New Hazardous Material that is generally used in connection with R&D uses in buildings then owned by Landlord in the date ▇▇▇▇▇▇▇ Park area of Sunnyvale, then Tenant intends shall have the right to commence the manufacture, treatment, use or storage of new 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 additional 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, and 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 or additional New Hazardous Materials in its sole 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 absolute discretion. Tenant shall make no if the assignee intends to manufacture, treat, use of or store a New Hazardous Materials Material on or about the Premises except as described 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 Initial Disclosure Certificate 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 otherwise approved by the sublessee occupies the Premises for Customary R&D Uses (with all 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 (and all references to “Kyphon Inc.” and “Tenant” therein shall be deemed to refer to the sublessee). Nothing contained in this Paragraph 33(b)(iv) shall be construed to permit Tenant or any sublessee to use the Premises for other than a Permitted Use without the prior consent of Landlord in writing in accordance with this Paragraph 32(a)9(a) above. (bc) As used in this Lease, the term “Hazardous Materials” shall mean and include means (i) any substance or material that is or contains (1) any included within the definitions of “hazardous substancesubstances,” as now or hereafter defined in § 101(14) of the 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; (2) any hazardous materials,” “toxic substances,” “pollutant,” “contaminant,” “hazardous waste,” as now or hereafter defined “solid waste” in the Resource Conservation and Recovery Actany Environmental Law; (ii) petroleum or petroleum derivatives, as amended (“RCRA”) (42 U.S.C. § 6901 et seq.) including crude oil or any regulations promulgated under RCRAfraction thereof, all forms of natural gas, and petroleum products or by-products or waste; (3iii) any substance now or hereafter regulated by the Toxic Substances Control Act, as amended polychlorinated biphenyls (“TSCA”) (15 U.S.C. § 2601 et seq.) or any regulations promulgated under TSCAPCBs); (4) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (5iv) asbestos and asbestos-asbestos containing material, in any form, materials (whether friable or non-friable); (6) polychlorinated biphenyls; (7v) lead and leadlead based paint or other lead containing materials (whether friable or non-containing materialsfriable); (vi) urea formaldehyde; (vii) microbiological pollutants; (viii) batteries or liquid solvents or similar chemicals; (8) any additional substanceix) radon gas; and (x) mildew, material fungus, mold, bacteria and/or other organic spore material, whether or waste (A) the presence of which on not airborne, colonizing, amplifying 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 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 Lawsotherwise.

Environmental Covenants. (a) Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord a Hazardous Materials Disclosure Certificate (“Initial Disclosure Certificate”"INITIAL DISCLOSURE CERTIFICATE"), a fully completed copy of which is attached hereto as Exhibit 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 's Agents. Tenant shall, upon the request by of Landlord not more frequently than annually, 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”"UPDATED DISCLOSURE CERTIFICATE") describing Tenant’s '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 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) As used in this Lease, the term “Hazardous Materials” "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 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 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 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 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.