Common use of Environmental Requirements Clause in Contracts

Environmental Requirements. Tenant shall not undertake, or, to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA shall have the right, upon reasonable advanced notice and in cooperation with the Tenant, from time to time and at the FCRHA’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA shall provide a copy of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA under this Lease or otherwise at law or in equity, the FCRHA may require Tenant to take all actions, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Date. For purposes of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).

Environmental Requirements. Tenant understands that the Property is underlain by a plume of contaminated groundwater that comprises two Superfund sites: the former Naval Air Station Xxxxxxx Field; and the Middlefield-Xxxxx-Xxxxxxx site. Tenant understands that the groundwater is contaminated with solvents and petroleum hydrocarbons. Tenant hereby acknowledges receipt of the environmental reports listed on attached Exhibit D. Tenant hereby agrees that: (a) Tenant shall not undertakeconduct, oror permit to be conducted, on the Premises any activity which is not a Permitted Activity; (b) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material which is not a Permitted Material on or about the Premises; (c) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to Law for Tenant’s activities on the Premises, and Tenant shall at all times comply with all applicable Environmental Law; (iid) Tenant shall not engage in such the storage, treatment or disposal on or about the Premises of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities; (e) Tenant shall not install any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except in accordance with Environmental Law, and Tenant shall store all Hazardous Materials in a manner as that protects the Premises, the Buildings, the Property and the environment from accidental spills and releases; (f) Tenant shall keep not cause any (and shall not allow any third party other than Landlord on the Premises free from during the Term to) release of any lien imposed in respect Hazardous Material or any condition of pollution or as a consequence of such Environmental Activity. nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (g) Tenant shall act in a commercially reasonable manner to ensure that promptly remove from the Premises any Environmental Activity undertaken Hazardous Material introduced, or permitted at to be introduced, onto the Premises by Tenant which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials handled by or permitted on the Premises by Tenant, its agents or representatives, is undertaken in ; and (h) if any release of a manner as to provide prudent safeguards against potential risks to human health or the environment or Hazardous Material to the Premises. Tenant shall notify environment, or any condition of pollution or nuisance, occurs on or about or beneath the FCRHA within twenty-four (24) hours (Premises or the next Business Day if such twenty-four (24) hour period includes either Building as a day that is not a Business Day) result of any known material release act of Hazardous Materials from Tenant or its agents, employees, contractors, invitees or licensees, Tenant, at Tenant’s sole cost and expense, shall promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to the Premisesrelease, pollution or nuisance in accordance with all applicable Environmental Law. The FCRHA Landlord and Landlord’s representatives shall have the right, upon reasonable advanced notice and in cooperation with but not the Tenantobligation, from time to time and at the FCRHA’s expense to conduct an environmental audit of enter the Premises during regular business hoursat any reasonable time for the purpose of inspecting the storage, use and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA shall provide a copy handling of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of Hazardous BE 543 154 EUL Final 120511 SAA2 – 402658 Material on the Premises in performing order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Xxxxxx’s use, storage or handling of any Hazardous Material on the Premises may not comply with this Lease or applicable Environmental Law. Tenant shall correct any such environmental auditviolation within five (5) days after Xxxxxx’s receipt of such notice from Landlord to the extent required by Environmental Laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and shall repair obligations of any damage to nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material existing on or about or beneath the Premises caused by the sameTenant or its agents, except that the FCRHA employees, contractors, invitees or licensees (collectively “Tenant Contamination”). Landlord hereby agrees to release Tenant from, and shall have no such repair obligation to the extent the damage was due to not charge Tenant for, any Environmental Activity. If Tenant shall breach the covenants provided in this Sectionliabilities, then in addition to costs, expenses, losses, damages, penalties, fines or obligations of any other rights and remedies which may be available to the FCRHA under this Lease or otherwise at law or in equity, the FCRHA may require Tenant to take all actionsnature as a result of, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity Hazardous Materials existing at the Property that are not Tenant Contamination, except to the extent occurring prior to that Tenant or its employees, agents, contractors or invitees exacerbates or causes a release of any such existing Hazardous Materials. Tenant’s activities that comply with the Effective Date. For purposes permitted use of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substanceset forth in the Basic Lease Information will be included in NASA’s sitewide permits and plans, productas applicable, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to such as the Comprehensive Environmental Response, Compensation Spill Prevention Control and Liability Act, 42 U.S.C. § 9601, et seq.Countermeasures Plan, the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq.Storm Water Pollution Prevention Plan, the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.Biennial Hazardous Waste Report, the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.above ground storage tank statement, the Clean Sunnyvale Industrial Waste Water Act, 33 U.S.C. § 1251, et seq.permit, the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq.Environmental Resources Document, and the Virginia State Water Control LawIntegrated Natural Resources Management Plan. Coverage in these and other sitewide plans is included in the cost of ISP Services (as defined in section 6.1). Tenant shall promptly supply information to the NASA Environmental Office (Code JQ) that is needed to complete these documents, Va. Code Xxxand comply with the conditions of these permits. § 62.1-44.2Tenant, et seq.; (B) any substanceat its sole cost, product, waste or other material of any nature whatsoever that may give rise to liability under any is responsible for obtaining hazardous materials storage permits and air permits required by Environmental Law for Tenant’s use of the above statutes Premises. The liability of Tenant under this section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination. Landlord acknowledges that Xxxxxx has provided the necessary documents required under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance this Lease as of the Project; and (D) asbestos (Commencement Date with respect to Tenant’s existing use of Hazardous Materials at the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”)Premises.

Environmental Requirements. Tenant understands that the Property is underlain by a plume of contaminated groundwater that comprises two Superfund sites: the former Naval Air Station Xxxxxxx Field; and the Middlefield-Xxxxx-Xxxxxxx site. Tenant understands that the groundwater is contaminated with solvents and petroleum hydrocarbons. Tenant hereby acknowledges receipt of the environmental reports listed on attached Exhibit D. Tenant hereby agrees that: (a) Tenant shall not undertakeconduct, oror permit to be conducted, on the Premises any activity which is not a Permitted Activity; (b) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material which is not a Permitted Material on or about the Premises; (c) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to Law for Tenant’s activities on the Premises, and Tenant shall at all times comply with all applicable Environmental Law; (iid) Tenant shall not engage in such the storage, treatment or disposal on or about the Premises of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities; (e) Tenant shall not install any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except in accordance with Environmental Law, and Tenant shall store all Hazardous Materials in a manner as that protects the Premises, the Buildings, the Property and the environment from accidental spills and releases; (f) Tenant shall keep not cause any (and shall not allow any third party other than Landlord on the Premises free from during the Term to) release of any lien imposed in respect Hazardous Material or any condition of pollution or as a consequence of such Environmental Activity. nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (g) Tenant shall act in a commercially reasonable manner to ensure that promptly remove from the Premises any Environmental Activity undertaken Hazardous Material introduced, or permitted at to be introduced, onto the Premises by Tenant which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials handled by or permitted on the Premises by Tenant, its agents or representatives, is undertaken in ; (h) if any release of a manner as to provide prudent safeguards against potential risks to human health or the environment or Hazardous Material to the Premises. environment, or any condition of pollution or nuisance, occurs on or about or beneath the Premises or either Building as a result of any act of Tenant or its agents, employees, contractors, invitees or licensees, Tenant, at Tenant’s sole cost and expense, shall promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to the release, pollution or nuisance in accordance with all applicable Environmental Law; and (i) Tenant shall notify obtain its own identification number from the FCRHA within twenty-four United States Environmental Protection Agency (24and all applicable state and local agencies) hours (and shall store, handle, transport and dispose of all hazardous waste generated by Tenant BE 543 154 EUL 1st Amend Final 110112 SAA2 – 402658 on or about the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the PremisesPremises in accordance with all applicable Environmental Law. The FCRHA Landlord and Landlord’s representatives shall have the right, upon reasonable advanced notice and in cooperation with but not the Tenantobligation, from time to time and at the FCRHA’s expense to conduct an environmental audit of enter the Premises during regular business hoursat any reasonable time for the purpose of inspecting the storage, use and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA shall provide a copy handling of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of Hazardous Material on the Premises in performing order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises may not comply with this Lease or applicable Environmental Law, Tenant shall correct any such environmental auditviolation within five (5) days after Xxxxxx’s receipt of such notice from Landlord to the extent required by Environmental Laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and shall repair obligations of any damage to nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material existing on or about or beneath the Premises caused by the sameTenant or its agents, except that the FCRHA employees, contractors, invitees or licensees (collectively ‘Tenant Contamination’). Landlord hereby agrees to release Tenant from, and shall have no such repair obligation to the extent the damage was due to not charge Tenant for, any Environmental Activity. If Tenant shall breach the covenants provided in this Sectionliabilities, then in addition to costs, expenses, losses, damages, penalties, fines or obligations of any other rights and remedies which may be available to the FCRHA under this Lease or otherwise at law or in equity, the FCRHA may require Tenant to take all actionsnature as a result of, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity Hazardous Materials existing at the Property that are not Tenant Contamination, except to the extent occurring prior to that Tenant or its employees, agents, contractors or invitees exacerbates or causes a release of any such existing Hazardous Materials. Except for the Effective Date. For purposes of this Section, “Environmental Activity” means any storage, installationhandling, existencetransportation (including execution of manifests) and disposal of hazardous waste generated by Tenant on or about the Premises, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on Tenant’s activities that comply with the permitted use of the Premises of (A) any substanceset forth in the Basic Lease Information will be included in NASA’s sitewide permits and plans, productas applicable, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to such as the Comprehensive Environmental Response, Compensation Spill Prevention Control and Liability Act, 42 U.S.C. § 9601, et seq.Countermeasures Plan, the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq.Storm Water Pollution Prevention Plan, the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.above ground storage tank statement, the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.Sunnyvale Industrial Waste Water permit, the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq.Environmental Resources Document, and the Virginia State Water Control LawIntegrated Natural Resources Management Plan. Coverage in these and other sitewide plans is included in the cost of ISP Services (as defined in section 6.1). Tenant shall promptly supply information to the NASA Environmental Office (Code JQ) that is needed to complete these documents, Va. Code Xxxand comply with the conditions of these permits. § 62.1-44.2Tenant, et seq.; (B) any substanceat its sole cost, productis responsible for obtaining an identification number from the United States Environmental Protection Agency, waste or other material of any nature whatsoever that may give rise to liability under any and obtaining hazardous materials storage permits and air permits required by Environmental Law for Tenant’s use of the above statutes Premises. The liability of Tenant under this section 4.3 shall survive the termination of this Lease with respect to acts or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products omissions that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”)occur before such termination.” BE 543 154 EUL 1st Amend Final 110112 SAA2 – 402658

Environmental Requirements. Tenant shall not undertake, or, to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA Landlord within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA Landlord shall have the right, upon reasonable advanced notice and in cooperation with the Tenant, right from time to time and at the FCRHALandlord’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA Landlord shall provide a copy of any such audit to Tenant. The FCRHA Landlord shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA Landlord shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA Landlord under this Lease or otherwise at law or in equity, the FCRHA Landlord may require Tenant to take all actions, or to reimburse the FCRHA Landlord for the costs of any and all actions taken by the FCRHALandlord, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Dateundertaken or permitted by Landlord, its agents, employees, representatives, licensees, or invitees. For purposes of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-regularly- operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).

Environmental Requirements. Tenant shall not undertake, or, to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA Landlord within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA Landlord shall have the right, upon reasonable advanced notice and in cooperation with the Tenant, right from time to time and at the FCRHALandlord’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA Landlord shall provide a copy of any such audit to Tenant. The FCRHA Landlord shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA Landlord shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this SectionSection 14.03, then in addition to any other rights and remedies which may be available to the FCRHA Landlord under this Lease or otherwise at law or in equity, the FCRHA Landlord may require Tenant to take all actions, or to reimburse the FCRHA Landlord for the costs of any and all actions taken by the FCRHALandlord, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Dateundertaken or permitted by Landlord, its agents, employees, representatives, licensees, or invitees. For purposes of this SectionSection 14.03, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).;

Environmental Requirements. Tenant hereby agrees that: (a) Tenant shall conduct, or permit to be conducted, on the Premises only activities which are Permitted Activities; (b) Tenant shall not undertakeuse, orstore or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material; (c) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to Law for Tenant's activities on the Premises, and Tenant shall at all times comply with all applicable Environmental Laws; (iid) Tenant shall not engage in such a manner as shall keep the storage, treatment or disposal on or about the Premises free from of any lien imposed Hazardous Material except for any temporary accumulation of waste generated in respect the course of or as a consequence of such Environmental Activity. Permitted Activities; (e) Tenant shall act in a commercially reasonable manner not install any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material; (f) Tenant shall not cause or permit to ensure that occur any Environmental Activity undertaken release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (g) Tenant shall promptly remove from the Premises any Hazardous Material introduced, or permitted at to be introduced, onto the Premises by Tenant; and (h) if any release of a Hazardous Material to the environment, or any condition of pollution or nuisance, occurs on or about or beneath the Premises as a result of any act or omission of Tenant or its agents agents, officers, employees, contractors, invitees or representativeslicensees, is undertaken Tenant shall, at Tenant's sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to the release, pollution or nuisance in a manner as accordance with all applicable Environmental Laws. Landlord and Landlord's representatives shall have the right, but not the obligation, to provide prudent safeguards against potential risks enter the Premises at any reasonable time for the purpose of inspecting the Premises in order to human health determine Tenant's compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Xxxxxx's use, storage or handling of any Hazardous Material on the environment Premises may not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within five (5) days after Xxxxxx's receipt of such notice from Landlord, but nothing herein shall be construed to allow Tenant to use, store or handle Hazardous Materials in the Premises. Tenant shall notify the FCRHA within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any known material nature (including reasonable attorneys' fees and disbursements incurred in the investigation, defense or settlement of claims) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release of Hazardous Materials from or at other handling, on or about or beneath the Premises. The FCRHA shall have the right, upon reasonable advanced notice and in cooperation with the Tenant, from time to time and at the FCRHA’s expense to conduct an environmental audit of any Hazardous Material introduced or permitted on or about or beneath the Premises during regular business hoursby any act or omission of Tenant or its agents, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA shall provide a copy of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental auditofficers, and shall repair any damage to the Premises caused by the sameemployees, except that the FCRHA shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Sectioncontractors, then in addition to any other rights and remedies which may be available to the FCRHA under this Lease invitees or otherwise at law or in equity, the FCRHA may require Tenant to take all actions, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breachlicensees. Tenant shall not be responsible nor shall Tenant be liable for the existence of Hazardous Materials on the Premises on the Commencement Date. The liability of Tenant under this SECTION 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination. Notwithstanding the foregoing, but without limiting Tenant's liability under this SECTION 4.3, Tenant shall be entitled to store for use and shall have no liability in connection with any Environmental Activity use at the Premises supplies and equipment employed for general office use and the Hazardous Materials listed on the Hazardous Materials Plan dated December 17, 1999 provided to the extent occurring Landlord prior to the Effective Datedate hereof and initialed by the parties. For purposes All of this Sectionsuch Hazardous Materials shall be purchased, “used, stored and disposed of in accordance with applicable Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on Laws at Tenant's sole cost. Tenant shall notify Landlord of the Premises kind and amounts of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Actused if they differ from the materials listed in the Hazardous Materials Plan. If Tenant wishes to store for use and use a Hazardous Material that is not listed in the Hazardous Material Plan, 49 U.S.C. § 5101Landlord shall have the right to disapprove of the use of such Hazardous Material; provided, et seq.that Landlord will not unreasonably withhold its approval if the Hazardous Material proposed to be used is similar in kind, toxicity and function to a Hazardous Material listed in the Resource Conservation and Recovery ActHazardous Materials Plan provided to Landlord. Tenant may use, 42 U.S.C. § 6901store or handle small amounts of office supplies for the photocopy machine, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., white-out and the Virginia State Water Control Lawlike, Va. Code Xxx. § 62.1-44.2, et seqon or about the Premises.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).

Environmental Requirements. Tenant shall not undertake(nor permit others to) use, orstore or otherwise handle any Hazardous Materials which are not Permitted Materials on or about the Premises and all Permitted Materials shall be stored in a manner that protects the Premises, the Property and the environment from accidental spills and releases. Tenant shall obtain and maintain in effect all permits and licenses required pursuant to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to Law for Tenant’s activities on the Premises, and (ii) in such a manner as Tenant shall keep the Premises free from any lien imposed in respect of or as a consequence of such at all times comply with all applicable Environmental ActivityLaws. Tenant shall not store or cause or permit to occur any release of any Hazardous Materials or any condition of pollution or nuisance on or about the Premises and if any release of Hazardous Materials to the environment, or any condition of pollution or nuisance, occurs on or about or beneath the Premises as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and axxxx or otherwise respond to the release, pollution or nuisance in a commercially reasonable manner accordance with all applicable Environmental Laws. On or before the date Tenant ceases to ensure that any Environmental Activity undertaken occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials handled by or permitted at on the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA within twenty-four (24) hours (not use, store or the next Business Day if handle any chlorinated solvent except for de minimis amounts contained in cleaning supplies provided that such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premiseschlorinated solvents and their de minimis amounts are listed and approved by Landlord on Exhibit C and are used in conformance with Environmental Laws and good environmental practice. The FCRHA Landlord and Landlord’s representatives shall have the right, upon but not the obligation, to enter the Premises at any reasonable advanced notice time for the purpose of inspecting the storage, use and handling of any Hazardous Materials on the Premises in cooperation order to determine Tenant’s compliance with the Tenantrequirements of this Lease and applicable Environmental Law and Tenant shall correct any violation within five (5) days after Txxxxx’s receipt of notice of such violation from Landlord. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including without limitation reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) that Landlord may incur as a result of, or in connection with, claims arising from time the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Materials introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. For the avoidance of doubt, Lxxxxxxx shall indemnify and defend Tenant against and hold Tenant harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including without limitation reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) that Tenant may incur as a result of, or in connection with, any claims arising outside of the term of the Lease resulting from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Materials introduced or permitted on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees, contractors, invitees or licensees subject to time the following. Tenant acknowledges it has been in possession of and has operated its business at and upon the FCRHA’s expense Premises prior to conduct an the date of execution of this Lease and, as between Tenant and Landlord, Txxxxx has had a greater opportunity to know and appreciate the environmental audit condition and status of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental auditits underlying and immediately surrounding lands. The FCRHA shall provide a copy liability of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s Tenant and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA Landlord under this Lease or otherwise at law or in equity, Section 4.3 shall survive the FCRHA may require Tenant to take all actions, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Date. For purposes termination of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seqLease., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).

Environmental Requirements. Except for Hazardous Materials contained in products used by Tenant in de minimis quantities for ordinary cleaning purposes in compliance with Environmental Requirements (as hereinafter defined), and except for Tenant’s cosmetics products, fragrances, nail polish removers, deodorants and aerosols which are stored within the Premises as part of Tenant’s Permitted Use (which shall be stored, handled and transported to and from the Premises in accordance with all applicable Environmental Requirements), Tenant shall not undertake, or, to the extent within its reasonable control, permit or suffer cause any Environmental Activity other than (i) party to bring any Hazardous Materials upon the Premises or transport, store, use, generate, manufacture or release any Hazardous Material in or about the Premises except in compliance with all Applicable Laws applicable Environmental Requirements. Tenant, at its sole cost and expense, shall operate its business in the Premises in compliance with all of Environmental Requirements, and shall remediate as and to the terms and conditions of extent required by all insurance policies coveringapplicable Environmental Requirements any Hazardous Materials released on, related under, to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents sublessees, their agents, employees, contractors, subtenants or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premisesinvitees. Tenant shall notify the FCRHA within twenty-four (24) hours (complete and certify to disclosure statements as reasonably requested by Landlord from time to time relating to Tenant’s transportation, storage, use, generation, manufacture, or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at on the Premises. The FCRHA shall have the rightterm “Environmental Requirements” means all applicable past, upon reasonable advanced notice present and in cooperation future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency [***]: Certain information on this page has been omitted and filed separately with the Tenant, from time to time and at the FCRHA’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental auditCommission. The FCRHA shall provide a copy of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference Confidential treatment has been requested with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage respect to the Premises caused by the sameomitted portions. regulating or relating to health, except that the FCRHA shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA under this Lease safety or otherwise at law or in equity, the FCRHA may require Tenant to take all actions, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Date. For purposes of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation fromenvironmental conditions on, under, into or on about the Premises of (A) any substanceor the environment, productincluding without limitation, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the following: the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., ; the Resource and Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning ; and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq.all state and local counterparts thereto, and the Virginia State Water Control Law, Va. Code Xxxany regulations or policies promulgated or issued thereunder. § 62.1-44.2, et seq.; The term “Hazardous Material(s)” means and includes (Bi) any substance, productmaterial, waste waste, pollutant or other material of any nature whatsoever that may give rise to liability contaminant listed or defined as hazardous or toxic under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal courtEnvironmental Requirements; (Cii) petroleum or asbestos; (iii) petroleum, including crude oil or products thereofany fraction thereof and (iv) natural gas or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). As defined in Environmental Requirements, Tenant is and shall be deemed to be the “operator” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its sublessees, their agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting or produced therefrom. In connection with such use of Hazardous Materials, Tenant shall comply with all Legal Requirements and shall be responsible for and indemnify Landlord with respect to all matters arising as a result of such use. Tenant shall notify Landlord, in writing, of any new Hazardous Materials it intends to use on the Premises, which items shall be subject to Landlord’s reasonable prior approval. Tenant shall indemnify, defend, and hold Landlord harmless for, from and against any and all losses (including, without limitation, diminution in value of the Premises and loss of rental income from the Premises), claims, demands, actions, suits, damages (including, without limitation, punitive damages), expenses (including, without limitation, remediation, removal, repair, corrective action or cleanup expenses), and costs (including, without limitation, reasonable attorneys’ fees, consultant fees or expert fees and including, without limitation removal or management of any asbestos brought into the Premises or disturbed in breach of the requirements of this Paragraph 29, regardless of whether such removal or management is required by law) which are brought or recoverable against, or suffered or incurred by Landlord as a result of Tenant’s failure to comply with all Environmental Requirements or any other than petroleum and petroleum products that are contained breach of the requirements under this Paragraph by Tenant, its sublessees, their agents, employees, contractors, assignees or invitees, regardless of whether Tenant had knowledge of such noncompliance; provided, however, Tenant’s indemnification obligations shall not extend to cover damages to the extent arising from Landlord’s failure to comply with Environmental Requirements or from the existence of Hazardous Materials within regularly-operated motor vehicles the Site as of the Fixturing Entry Date, provided Tenant’s indemnification obligations shall extend to cover damages arising from Tenant’s failure to comply with Environmental Requirements for preexisting Hazardous Materials after Tenant’s discovery of (a) any preexisting Hazardous Materials, or products used (b) Landlord’s failure to comply with any Environmental Requirements. The obligations of Tenant under this Paragraph shall survive any termination of this Lease. Notwithstanding the foregoing, Tenant shall have no responsibility in connection with any preexisting Hazardous Materials in the constructionPremises or within the Site and, operationin connection therewith, Landlord hereby represents and warrants to Tenant that, to the best of Landlord’s actual knowledge, there are no existing Hazardous Materials within the Premises or the Site. Landlord shall have access to, and maintenance a right to perform inspections and tests of, the Premises to determine Tenant’s compliance with Environmental Requirements, its obligations under this Paragraph, or the environmental condition of the Project; Premises. Access shall be granted to Landlord upon Landlord’s prior notice to Tenant and at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Tenant’s operations. Such inspections and tests shall be conducted at Landlord’s expense, unless such inspections or tests reveal that Tenant has not complied with any Environmental Requirement, in which case Tenant shall reimburse Landlord for the reasonable cost of such inspection and tests. Landlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights that Landlord holds against Tenant. Should it be determined, in Landlord’s reasonable opinion, that Hazardous Materials are being stored, used, or disposed of in the Premises in violation of any applicable Environmental Requirement, then Tenant shall immediately take such corrective action as may be required pursuant to such Environmental Requirements and, if Tenant shall fail to take such corrective action in accordance with all applicable Environmental Requirements within the sooner of (i) the time frame required pursuant to such Environmental Requirements and (Dii) asbestos three (3) business days, Landlord shall have the materials described right to perform such work and Tenant shall promptly reimburse Landlord for any and all costs paid by Landlord in clauses connection with said work. If at any time during or after the Lease Term, the Premises or Building are found to be so contaminated or subject to said conditions as a result of Tenant’s breach of the terms of this Lease, Tenant shall diligently institute proper and thorough cleanup procedures at Tenant’s sole cost. Before taking any action to comply with Environmental Requirements or to clean up Hazardous Materials contaminating the Premises or Building, Tenant shall submit to Landlord a plan of action, including any and all plans and documents required by any Environmental Requirements to be submitted to a governmental authority (A) through (D) above are collectively referred a “plan of action”). Such plan of action must be implemented by a licensed environmental contractor. Before Tenant begins the actions necessary to herein as “comply with Environmental Requirements or to clean up contamination from Hazardous Materials, Landlord must have (a) approved the nature, scope and timing of the plan of action, and (b) approved any and all covenants and agreements to effect the plan of action; provided, however, that any plan of action which is approved by any applicable environmental agency pursuant to any applicable Environmental Requirement shall be deemed to satisfy Landlords requirements with respect thereto. Landlord hereby agrees that it will use commercially reasonable efforts to require the same or substantially the same covenants with respect to the use, storage and transportation of Hazardous Materials from all tenants within the Site as are set forth in this Lease. Tenant understands and acknowledges that Landlord makes no warranty or representation of any kind, express or implied, regarding the presence or absence of mold, or regarding the effectiveness of any architectural or engineering fixture or design for reducing the presence, effect or growth of mold. Tenant shall, on a monthly basis, inspect all locations within the Premises to determine whether any mold is present. Tenant shall be solely responsible for taking reasonable measures necessary to prevent mold within the Premises. Tenant shall promptly take reasonable measures to prevent the accumulation of moisture on any surfaces and to avoid mold growth. Tenant shall take all reasonable measures to kill mold located in the Premises, except to the extent covered by Landlord’s warranty set forth in Section 6 of Exhibit “B”). Tenant shall promptly notify Landlord in the event Tenant discovers mold on any surface. Landlord and Tenant hereby specifically agree that Landlord shall not be responsible for any property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value or adverse health effects resulting from mold accumulation regardless of the cause of such accumulation, excluding only Landlord’s gross negligence and willful misconduct. Landlord shall indemnify, defend and hold Tenant harmless for, from and against any and all losses, claims, damages, actions, suits, expenses and costs (including, without limitation, reasonable attorney fees and court costs) incurred by Tenant and arising as a result of (i) the existence of any Hazardous Materials within the Site as of the Fixturing Entry Date; (ii) Landlord’s use, disposal, transportation or storage of Hazardous Materials within the Site in violation of any applicable Environmental Requirements.

Environmental Requirements. Tenant hereby agrees that: -------------------------- (a) Tenant shall not undertakeconduct, oror permit to be conducted, on the Premises any activity which is not a Permitted Activity; (b) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material which is not a Permitted Material on or about the Premises; (c) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to Law for Tenant's activities on the Premises, and Tenant shall at all times comply with all applicable Environmental Laws and good environmental practice; (iid) Tenant shall not engage in such the storage, treatment or disposal on or about the Premises of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities and except for storage of amounts of Hazardous Materials which are customary and used in the ordinary course of Tenant's Permitted Activities and are stored, used and disposed of in accordance with Environmental Laws and good environmental practice; (e) Tenant shall not install any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer and/or the lawful storage of waste pursuant to a permit, and Tenant shall store all Hazardous Materials in a manner as that protects the Premises, the Property and the environment from accidental spills and releases; (f) omitted; (g) Tenant shall keep promptly remove from the Premises free from any lien imposed in respect Hazardous Material introduced, or permitted to be introduced, onto the Premises by Tenant during the term of this Lease which is not a Permitted Material and, on or as a consequence of such Environmental Activity. before the date Tenant ceases to occupy the Premises, Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken remove from the Premises all Hazardous Materials and all Permitted Materials handled by or permitted at on the Premises by Tenant, its agents or representatives, is undertaken in ; and (h) if any release of a manner as to provide prudent safeguards against potential risks to human health or the environment or Hazardous Material to the Premises. Tenant shall notify environment, or any condition of pollution or nuisance, occurs on or about or beneath the FCRHA within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes Premises as a day that is not a Business Day) result of any known material release act or omission of Hazardous Materials from Tenant or its agents, officers, employees, contractors, invitees or licensees occurring during the term of this Lease, Tenant shall, at Tenant's sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to the Premisesrelease, pollution or nuisance in accordance with all applicable Environmental Laws and good environmental practice. The FCRHA Landlord and Landlord's representatives shall have the right, upon but not the obligation, to enter the Premises at any reasonable advanced notice time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in cooperation order to determine Tenant's compliance with the requirements of this Lease and applicable Environmental Law. If Tenant's use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law or good environmental practice, Tenant shall correct any such violation as soon as possible. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from time to time all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and at obligations of any nature (including reasonable attorneys' fees and disbursements incurred in the FCRHA’s expense to conduct an environmental audit investigation, defense or settlement of claims) that Landlord or any owner or operator of the Property may incur as a result of, or in connection with, claims arising from (i) the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises during regular business hoursthe term, of any Permitted Material or Hazardous Material, except to the extent (x) such Permitted Material or Hazardous Material existed on or about or beneath the Premises on the Commencement Date, (y) such Permitted Material or Hazardous Material was placed on, about or beneath the Property by Landlord or its agents, officers, employees, contractors, invitees, tenants, subtenants or licensees (such persons or entities not to include Tenant or its agents, officers, employees, contractors, subtenants, invitees or licensees), or (z) Tenant had no ability to control or mitigate the occurrence giving rise to the indemnity obligation, or (ii) the presence, use storage, transportation, treatment, disposal release or other handling, on or about the Property, of any Permitted Material or Hazardous Material introduced or permitted by any act or omission of Tenant or its agents, officers, employees, contractors, invitees, subtenants or licensees during the term of this Lease. The liability of Tenant under this section 4.3 shall survive the ----------- termination of this Lease. With respect to claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Property prior to the effective date hereof, of any Permitted Material or Hazardous Material the parties respective rights and obligations shall be controlled by the Separation Agreement. Landlord hereby agrees that: (a) Landlord shall not conduct on the Property any activity which is not a Permitted Activity; (b) Landlord shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material which is not a Permitted Material on or about the Property; (c) Landlord shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Landlord's activities on the Property, and Tenant Landlord shall reasonably cooperate at all times comply with all applicable Environmental Laws and good environmental practice; (d) Landlord shall not engage in the conduct of such environmental audit. The FCRHA shall provide a copy storage, treatment or disposal on or about the Property of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities and except for storage of amounts of Hazardous Materials which are customary and used in the ordinary course of Landlord's Permitted Activities and are stored, used and disposed of in accordance with Environmental Laws and good environmental practice; (e) Landlord shall not install any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer and/or the lawful storage of waste pursuant to a permit, and Landlord shall store all Hazardous Materials in a manner that protects the Property and the environment from accidental spills and releases; (f) omitted; (g) Landlord shall promptly remove from the Property any Hazardous Material introduced, or permitted to be introduced, onto the Property by Landlord during the term of this Lease which is not a Permitted Material; and (h) if any release of a Hazardous Material to the environment, or any condition of pollution or nuisance, occurs on or about or beneath the Property as a result of any act or omission of Landlord or its agents, officers, employees, contractors, tenants, subtenants, invitees or licensees, (such audit persons or entities not to include Tenant or its agents, officers, employees, contractors, invitees, licensees or subtenants) occurring during the term of this Lease and such release materially and adversely effects Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s 's use and occupancy enjoyment of the Premises, Landlord shall, at Landlord's sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to the release, pollution or nuisance in accordance with all applicable Environmental Laws and good environmental practice. Tenant and Tenant's representatives shall have the right, but not the obligation, to enter the common areas on the Property at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in performing such order to determine Landlord's compliance with the requirements of this Lease and applicable Environmental Law. If Landlord's use, storage or handling of any Hazardous Material on the Property does not comply with this Lease or applicable Environmental Law or good environmental auditpractice, and such violation materially and adversely effects Tenant's use and enjoyment of the Premises, Landlord shall repair correct any damage to such violation as soon as possible. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys' fees and disbursements incurred in the investigation, defense or settlement of claims) that Tenant may incur as a result of, or in connection with, claims arising from (i) the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Property, excluding the Premises caused by during the sameterm, of any Permitted Material or Hazardous Material, except that the FCRHA shall have no such repair obligation to the extent (x) such Permitted Material or Hazardous Material existed on or about or beneath the damage Property on the Commencement Date (y) such Permitted Material or Hazardous Material was due placed on, about or beneath the Property by Tenant or its agents, officers, employees, contractors, subtenants, invitees or licensees or (z) Landlord had no ability to any Environmental Activity. If Tenant shall breach control or mitigate the covenants provided in this Section, then in addition to any other rights and remedies which may be available occurrence giving rise to the FCRHA indemnity obligations, or (ii) the presence, use storage, transportation, treatment, disposal release or other handling, on or about the Property, excluding the Premises, of any Permitted Material or Hazardous Material introduced or permitted by any act or omission of Landlord or its agents, officers, employees, contractors, invitees, tenants, subtenants or licensees (such persons or entities not to include Tenant or its agents, officers, employees, contractors, subtenants, invitees or licensees) during the term of this Lease. The liability of Landlord under this Lease section 4.3 ----------- shall survive the termination of this Lease. With respect to claims arising from the presence, use, storage, transportation, treatment, disposal, release or otherwise at law other handling, on or in equity, about or beneath the FCRHA may require Tenant to take all actions, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring Property prior to the Effective Date. For purposes of this Sectioneffective date hereof, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated Permitted Material or addressed pursuant to Hazardous Material the Comprehensive Environmental Response, Compensation parties respective rights and Liability Act, 42 U.S.C. § 9601, et seqobligations shall be controlled by the Separation Agreement., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).

Environmental Requirements. Tenant shall not undertake, or, to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA Landlord within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA Landlord shall have the right, upon reasonable advanced notice and in cooperation with the Tenant, from time to time and at the FCRHALandlord’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA Landlord shall provide a copy of any such audit to Tenant. The FCRHA Landlord shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA Landlord shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA Landlord under this Lease or otherwise at law or in equity, the FCRHA Landlord may require Tenant to take all actions, or to reimburse the FCRHA Landlord for the costs of any and all actions taken by the FCRHALandlord, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Dateundertaken or permitted by Landlord, its agents, employees, representatives, licensees, or invitees. For purposes of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 42‌ U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).

Environmental Requirements. Tenant shall not undertake, or, to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA shall have the right, upon reasonable advanced notice and in cooperation with the Tenant, from time to time and at the FCRHA’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA shall provide a copy of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA under this Lease or otherwise at law or in equity, the FCRHA may require Tenant to take all actions, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Date. For purposes of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).;

Environmental Requirements. Tenant shall not undertake(nor permit others to) use, orstore or otherwise handle any Hazardous Materials which are not Permitted Materials on or about the Premises and all Permitted Materials shall be stored in a manner that protects the Premises, the Property and the environment from accidental spills and releases. Tenant shall obtain and maintain in effect all permits and licenses required pursuant to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to Law for Tenant's activities on the Premises, and (ii) in such a manner as Tenant shall keep the Premises free from any lien imposed in respect of or as a consequence of such at all times comply with all applicable Environmental ActivityLaws. Tenant shall not store or cause or permit to occur any release of any Hazardous Materials or any condition of pollution or nuisance on or about the Premises and if any release of Hazardous Materials to the environment, or any condition of pollution or nuisance, occurs on or about or beneath the Premises as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees, Tenant shall, at Tenant's sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to the release, pollution or nuisance in a commercially reasonable manner accordance with all applicable Environmental Laws. On or before the date Tenant ceases to ensure that any Environmental Activity undertaken occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials handled by or permitted at on the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA within twenty-four (24) hours (not use, store or the next Business Day if handle any chlorinated solvent except for de minimus amounts contained in cleaning supplies provided that such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premiseschlorinated solvents and their de minimus amounts are listed and approved by Landlord on Exhibit C and are used in conformance with Environmental Laws and good environmental practice. The FCRHA Landlord and Landlord's representatives shall have the right, upon but not the obligation, to enter the Premises at any reasonable advanced notice time for the purpose of inspecting the storage, use and handling of any Hazardous Materials on the Premises in cooperation order to determine Tenant's compliance with the Tenant, from time to time requirements of this Lease and at the FCRHA’s expense to conduct an environmental audit of the Premises during regular business hours, applicable Environmental Law and Tenant shall reasonably cooperate in the conduct correct any violation within five (5) days after Xxxxxx's receipt of notice of such environmental audit. The FCRHA shall provide a copy of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA under this Lease or otherwise at law or in equity, the FCRHA may require Tenant to take all actions, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breachviolation from Landlord. Tenant shall not be responsible for indemnify and shall have no liability defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys' fees and disbursements incurred in the investigation, defense or settlement of claims) that Landlord may incur as a result of, or in connection with any Environmental Activity to with, claims arising from the extent occurring prior to the Effective Date. For purposes of this Sectionpresence, “Environmental Activity” means any use, storage, installationtransportation, existence, release, threatened release, discharge, generation, abatement, removaltreatment, disposal, handling release or transportation fromother handling, underon or about or beneath the Premises, into of any Hazardous Materials introduced or permitted on or about or beneath the Premises by any act or omission of (A) any substanceTenant or its agents, productofficers, waste employees, contractors, invitees or other material licensees. The liability of any nature whatsoever Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seqoccur before such termination., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).

Environmental Requirements. Tenant shall not undertake, or, to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA Landlord within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA Landlord shall have the right, upon reasonable advanced notice and in cooperation with the Tenant, right from time to time and at the FCRHALandlord’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA Landlord shall provide a copy of any such audit to Tenant. The FCRHA Landlord shall use its reasonable efforts to minimize interference with TenantXxxxxx’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA Landlord shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this SectionSection 14.03, then in addition to any other rights and remedies which may be available to the FCRHA Landlord under this Lease or otherwise at law or in equity, the FCRHA Landlord may require Tenant to take all actions, or to reimburse the FCRHA Landlord for the costs of any and all actions taken by the FCRHALandlord, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Dateundertaken or permitted by Landlord, its agents, employees, representatives, licensees, or invitees. For purposes of this SectionSection 14.03, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).;

Environmental Requirements. Tenant shall not undertake, or, to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA Landlord within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA Landlord shall have the right, upon reasonable advanced notice and in cooperation with the Tenant, from time to time and at the FCRHALandlord’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA Landlord shall provide a copy of any such audit to Tenant. The FCRHA Landlord shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA Landlord shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA Landlord under this Lease or otherwise at law or in equity, the FCRHA Landlord may require Tenant to take all actions, or to reimburse the FCRHA Landlord for the costs of any and all actions taken by the FCRHALandlord, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Dateundertaken or permitted by Landlord, its agents, employees, representatives, licensees, or invitees. For purposes of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).. DISCHARGE OF LIENS; BONDS

Environmental Requirements. Tenant FPL hereby agrees that: (a) FPL shall not undertakeconduct, oror permit to be conducted, to on the extent within its reasonable control, permit or suffer leased Property any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that activity which is not a Business DayLease Activity; (b) FPL shall not use, store or otherwise handle, or permit any use, storage, or other handling of, any Hazardous Material on or about or beneath the leased Property unless it is a material handled, used, or stored by FPL in the ordinary course of conducting Lease Activities; (c) all such materials shall be handled, used, or stored by FPL in accordance with applicable Environmental Law; (d) FPL shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for its Lease Activities and shall at all times comply with all applicable Environmental Laws; (e) FPL shall not engage in the storage, treatment, or disposal on or about or beneath the leased Property of any known material Hazardous Material except for temporary accumulation of Material waste generated in the course of Lease Activities, which accumulation is conducted in accordance with applicable Environmental Law; (f) FPL shall not install any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material except for the lawful discharge of waste to sanitary sewer; (g) FPL shall not cause or permit to occur any release of any Hazardous Materials from Material or any condition of pollution or nuisance on or about or beneath the leased Property, whether affecting surface water or groundwater, air, the land or the subsurface environment; and (h) if any release of a Hazardous Material to the environment, or any condition of pollution or nuisance, occurs on or about or beneath the leased Property as a result of any act or omission of FPL, its agents, employees, contractors, subcontractors, invitees, or licensees, FPL, at its sole cost and expense, shall promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to the Premisesrelease, pollution, or nuisance in accordance with all applicable Environmental Laws. The FCRHA After notification to FPL, NASA-KSC and its duly appointed representatives shall have the right, upon but not the obligation, to enter the leased Property at any reasonable advanced notice time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the leased Property in cooperation order to determine FPL’s compliance with the Tenantrequirements of this Lease and applicable Environmental Laws. If NASA-KSC gives written notice to FPL that FPL’s use, from time to time and at the FCRHA’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA shall provide a copy storage or handling of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference Hazardous Material on the leased Property may not comply with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA under this Lease or otherwise at law or in equityapplicable Environmental Law, the FCRHA may require Tenant to take all actionsFPL shall correct any such violation within five (5) calendar days, or such other period to reimburse which the FCRHA for the costs parties may mutually agree, after FPL’s receipt of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breachnotice from NASA- KSC. Tenant shall not be responsible for and shall have no The liability in connection with any Environmental Activity to the extent occurring prior to the Effective Date. For purposes of FPL under this section of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling Lease shall survive the termination of this Lease with respect to acts or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever omissions that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seqoccur before such termination., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).

Environmental Requirements. Tenant hereby agrees that: (a) Tenant -------------------------- shall conduct, or permit to be conducted, on the Premises only activities which are Permitted Activities; (b) Tenant shall not undertakeuse, orstore or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material except for small amounts of office supplies for the photocopy machine, white-out and the like, on or about the Premises, and except for a diesel generator and fuel therefor which are part of the Tenant Improvements, and which Tenant agrees to install and operate in accordance with Environmental Law; (c) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant's activities on the Premises, and Tenant shall at all times comply with all applicable Environmental Laws; (d) Tenant shall not engage in the storage, treatment or disposal on or about the Premises of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities; (e) Tenant shall not install any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material; (f) Tenant shall not cause or permit to occur any release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (g) Tenant shall promptly remove from the Premises any Hazardous Material introduced, or permitted to be introduced, onto the Premises by Tenant; and (h) if any release of a Hazardous Material to the environment, or any condition of pollution or nuisance, occurs on or about or beneath the Premises as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees, Tenant shall, at Tenant's sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to the release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord's representatives shall have the right, but not the obligation, to enter the extent Premises at any reasonable time and upon reasonable notice for the purpose of inspecting the Premises in order to determine Tenant's compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant's use, storage or handling of any Hazardous Material on the Premises may not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within five (5) days after Tenant's receipt of such notice from Landlord, but nothing herein shall be construed to allow Tenant to use, store or handle Hazardous Materials in the Premises. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys' fees and disbursements incurred in the investigation, defense or settlement of claims) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its reasonable controlagents, permit officers, employees, contractors, invitees or suffer any licensees. The liability of Tenant under this Section ------- 4.3 shall survive the termination of this Lease with respect to acts or --- omissions that occur before such termination. Notwithstanding the foregoing, but without limiting Tenant's liability under this Section 4.3, Tenant shall be entitled to use at the Premises office ----------- supplies regularly used in the conduct of Tenant's business so long as the same are purchased, used, stored and disposed of in accordance with applicable Environmental Activity other than Laws. From time to time at Landlord's request Tenant shall advise Landlord which, if any, of these supplies constitute Hazardous Material. Tenant acknowledges that (i) in compliance with all Applicable Laws and all Landlord has delivered to Tenant a copy of the terms and conditions of all insurance policies covering, related to or applicable most recent Phase I environmental report pertaining to the PremisesPremises which is in Landlord's possession, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, has read and is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA shall have the right, upon reasonable advanced notice and in cooperation satisfied with the Tenant, from time to time and at the FCRHA’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA shall provide a copy of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA under this Lease or otherwise at law or in equity, the FCRHA may require Tenant to take all actions, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Date. For purposes of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).

Environmental Requirements. Tenant shall will not undertake, or, to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall will keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall will act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents agents, or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall will notify the FCRHA Landlord within twenty-four (24) 24 hours (or the next Business Day if such twenty24-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA shall Landlord will have the right, upon reasonable advanced notice and in cooperation with the Tenant, from time to time and at the FCRHALandlord’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall will reasonably cooperate in the conduct of such environmental audit. The FCRHA shall Landlord will provide a copy of any such audit to Tenant. The FCRHA shall Landlord will use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, audit and shall will repair any damage to the Premises caused by the same, except that the FCRHA shall Landlord will have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall will breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA Landlord under this Lease or otherwise at law or in equity, the FCRHA Landlord may require Tenant to take all actions, or to reimburse the FCRHA Landlord for the costs of any and all actions taken by the FCRHALandlord, as are necessary or reasonably appropriate to cure such breach. Tenant shall will not be responsible for and shall will have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Dateundertaken or permitted by Landlord, its agents, employees, representatives, licensees, or invitees. For purposes of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).. DISCHARGE OF LIENS; BONDS

Environmental Requirements. Tenant shall not undertake(a) Notwithstanding the terms of Article 8 hereof, orliability for environmental matters occurring on or before the Effective Date will be allocated, and enforced, as provided in the Separation Agreement. Licensee will be responsible for all environmental matters to the extent within caused by its reasonable operation of each Parent Site during the relevant Term and any period of holding over. If there is any conflict between this Section 9.6 and the Separation Agreement, the Separation Agreement will control. Licensee, permit or suffer any Environmental Activity other than (i) at its sole cost and expense, will operate its business in compliance the Licensed Premises and on the Parent Site in compliance, in all material respects, with the requirements of this License and all Applicable Laws and Laws, including all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental ActivityLaws. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA shall have the right, upon reasonable advanced notice and in cooperation with the Tenant, from time to time and at the FCRHA’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA shall provide a copy of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA under this Lease or otherwise at law or in equity, the FCRHA may require Tenant to take all actions, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHA, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Date. For purposes of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other Other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the constructionPermitted Use, operationLicensee covenants and agrees that it will not release or permit the release of Hazardous Substances on the Licensed Premises or the Parent Sites in violation of any Environmental Laws without Licensor’s prior consent, which may be conditioned upon requirements consistent with Applicable Laws, Environmental Laws and maintenance Licensor’s risk management practices. Licensor will have the right to enter the Licensed Premises, after reasonable prior notice to Licensee, for the purpose of determining whether Licensee has complied with these requirements. If Licensor has received a notice from any governmental authority alleging that Licensee has violated this Section 9.6 or that due to Licensee’s actions or omissions, testing at or inspection of the Project; Licensed Premises based on releases of Hazardous Substances by Licensee will be required, Licensor will have the right to employ consultants, perform inspections, obtain tests and laboratory reports and contract for abatement actions, all of which will be at Licensee’s sole cost and expense. However, this right will not be construed to impose a duty upon Licensor to inspect the Licensed Premises or to enforce Licensee’s compliance with this Section 9.6. With respect to breaches by Licensee of this Section 9.6 or releases of Hazardous Substances by Licensee in violation of Environmental Laws, at Licensor’s reasonable option: (Di) asbestos Licensee will, at its sole cost and expense, remediate any Hazardous Substances it released on the Parent Site in violation of Environmental Laws and perform any other remedial or abatement work arising out of or related to any breach by Licensee of this Section 9.6, consistent with Licensee’s obligations under this License and in compliance with relevant Applicable Laws, or (ii) Licensor will contract for the materials described in clauses (A) through (D) above are collectively referred performance of all such remediation work and all reasonable costs and expenses of such work will be charged to herein and paid by Licensee as “Hazardous Materials”)Excess Expenses. Licensee’s obligations under this Section 9.6 apply whether or not any governmental authority has initiated or threatened action or litigation to enforce the obligation.

Environmental Requirements. Tenant shall not undertake, or, to the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws and all of the terms and conditions of all insurance policies covering, related to or applicable to the Premises, and (ii) in such a manner as shall keep the Premises free from any lien imposed in respect of or as a consequence of such Environmental Activity. Tenant shall act in a commercially reasonable manner to ensure that any Environmental Activity undertaken or permitted at the Premises by Tenant, its agents or representatives, is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment or to the Premises. Tenant shall notify the FCRHA Landlord within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Hazardous Materials from or at the Premises. The FCRHA Landlord shall have the right, upon reasonable advanced notice and in cooperation with the Tenant, right from time to time and at the FCRHALandlord’s expense to conduct an environmental audit of the Premises during regular business hours, and Tenant shall reasonably cooperate in the conduct of such environmental audit. The FCRHA Landlord shall provide a copy of any such audit to Tenant. The FCRHA Landlord shall use its reasonable efforts to minimize interference with TenantXxxxxx’s and any subtenant’s use and occupancy of the Premises in performing such environmental audit, and shall repair any damage to the Premises caused by the same, except that the FCRHA Landlord shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA Landlord under this Lease or otherwise at law or in equity, the FCRHA Landlord may require Tenant to take all actions, or to reimburse the FCRHA Landlord for the costs of any and all actions taken by the FCRHAXxxxxxxx, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Dateundertaken or permitted by Landlord, its agents, employees, representatives, licensees, or invitees. For purposes of this Section, “Environmental Activity” means any storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the Premises of (A) any substance, product, waste or other material of any nature whatsoever that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-regularly- operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).

Environmental Requirements. Tenant shall not undertake(nor permit others to) use, or, to .store or otherwise handle any Hazardous Material which is not a Permitted Material on or about the extent within its reasonable control, permit or suffer any Environmental Activity other than (i) in compliance with all Applicable Laws Premises and all of Permitted Materials shall be stored in a manner that protects the terms Premises, the Property and conditions of the environment from accidental spills and releases. Tenant shall obtain and maintain in effect all insurance policies covering, related permits and licenses required pursuant to or applicable to any the ENVironmental Law for Tenant's activities on the Premises, and (ii) in such a manner as Tenant shall keep the Premises free from any lien imposed in respect of or as a consequence of such at all times comply with all applicable Environmental ActivityLaws. Tenant shall act in a commercially reasonable manner not store or cause or permit to ensure that occur any Environmental Activity undertaken release of any Hazardous Material or permitted at any condition of pollution or nuisance on or about the Premises by and if kind release of a Hazardous Material to the environment, or any condition of pollution or nuisance, occurs on or about or beneath the Premises as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. Tenant shall, at Tenant's sole cost and expense, its agents promptly undertake all remedial measures required to clean up and abate or representativesotherwise respond to the release, is undertaken pollution or nuisance in a manner as xxxxrdance with all applicable Environmental Laws. On or before the date Tenant ceases to provide prudent safeguards against potential risks to human health or the environment or to occupy the Premises. Tenant shall notify remove from the FCRHA within twenty-four (24) hours (or the next Business Day if such twenty-four (24) hour period includes a day that is not a Business Day) of any known material release of Premises all Hazardous Materials from and all Permitted Materials handled by or at permitted on the PremisesPremises by Tenant. The FCRHA Tenant shall not use. store or handle any chlorinated solvexx xxxept for de minimus amounts contained in cleaning supplies provided that such chlorinated solvents and their de minimus amounts are listed and approved by Landlord on Exhibit D and are used in conformance with Environmental Laws and good environmental practice. Landlord and Landlord's representatives shall have the right, upon but not the obligation, to enter the Premises at any reasonable advanced notice time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in cooperation order to determine Tenant's compliance with the Tenant, from time to time requirements of this Lease and at the FCRHA’s expense to conduct an environmental audit of the Premises during regular business hours, applicable Environmental Law and Tenant shall reasonably cooperate correct any violation within five (5) days after Tenant's receipt of notice of such violation from Landlord. Tenant xxxxx indemnity and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys' fees and disbursements incurred in the conduct investigation, defense or settlement of such environmental audit. The FCRHA shall provide claims) that Landlord may incur as a copy of any such audit to Tenant. The FCRHA shall use its reasonable efforts to minimize interference with Tenant’s and any subtenant’s use and occupancy of the Premises in performing such environmental auditresult of, and shall repair any damage to the Premises caused by the same, except that the FCRHA shall have no such repair obligation to the extent the damage was due to any Environmental Activity. If Tenant shall breach the covenants provided in this Section, then in addition to any other rights and remedies which may be available to the FCRHA under this Lease or otherwise at law or in equityconnection with, claims arising from the FCRHA may require Tenant to take all actionspresence, or to reimburse the FCRHA for the costs of any and all actions taken by the FCRHAuse, as are necessary or reasonably appropriate to cure such breach. Tenant shall not be responsible for and shall have no liability in connection with any Environmental Activity to the extent occurring prior to the Effective Date. For purposes of this Section, “Environmental Activity” means any storage, installationtransportation, existence, release, threatened release, discharge, generation, abatement, removaltreatment, disposal, handling release or transportation fromother handling, underon or about or beneath the Premises, into of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of (A) any substanceTenant or its agents, productofficers, waste employees, contractors, invitees or other material licensees. The liability of any nature whatsoever Tenant under this section 4.3 shall survive the termination of this Lease with respect to acts or omissions that is listed, regulated or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seqoccur before such termination., the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right of Know Act of 1986, 42 U.S.C. § 11001, et seq., and the Virginia State Water Control Law, Va. Code Xxx. § 62.1-44.2, et seq.; (B) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (C) petroleum or crude oil or products thereof, other than petroleum and petroleum products that are contained within regularly-operated motor vehicles or products used in connection with the construction, operation, and maintenance of the Project; and (D) asbestos (the materials described in clauses (A) through (D) above are collectively referred to herein as “Hazardous Materials”).