Common use of Hazardous Material Clause in Contracts

Hazardous Material. Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Work.

Hazardous Material. Contractor shall Throughout the Term, Tenant will not permit any Hazardous Material (as defined below) to be locatedbring upon the Premises or release, useddischarge, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is availablestore, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Ownerdispose, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of any Hazardous Material Materials (and shall sign any manifest as hereinafter defined) on, under, in, above, to, or from the Premises or the Buildings, except that de minimis quantities of Hazardous Materials may be used in the Premises as necessary for the transport or storage customary maintenance of such the Premises provided that same are used, stored and disposed of in strict compliance with Applicable Laws. For purposes of this provision, the term “Hazardous Material), Materials” will mean and for any discharge, release, injury refer to any personwastes, materials, or injury other substances of any kind or damage character that are or become regulated as hazardous or toxic waste or substances, or which require special handling or treatment, under any Applicable Laws. If Tenant’s activities at the Premises or Tenant’s use of the Premises (a) result in a release of Hazardous Materials that is not in compliance with Applicable Laws or permits issued thereunder; (b) gives rise to any property resulting from use claim that requires a response under Applicable Laws or permits issued thereunder; (c) causes a significant public health threat; or (d) causes the presence at the Premises, Buildings of Hazardous Material Materials in the performance of the Work. Contractor levels that violate Applicable Laws or permits issued thereunder, then Tenant shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable expense: (i) immediately provide verbal notice thereof to OwnerLandlord as well as notice to Landlord in the manner required by this Lease, which notice shall identify the Hazardous Materials involved and the emergency procedures taken or to be taken; and (ii) promptly take all action in response to such situation required by Applicable Laws, provided that Tenant shall first obtain Landlord’s approval of the non-emergency remediation plan to be undertaken. Landlord hereby represents that to the best of its knowledge and belief as of the Effective Date there are no Hazardous Materials at the Buildings or on the Premises which exceed levels that require remediation or similar clean up or curative action be taken. Tenant shall at all times indemnify and hold Owner harmless Landlord against and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, suits, actions, debts, damages, costs, losses, costs obligations, judgments, charges and expenses (including reasonable attorneys’ fees) of any nature whatsoever suffered or liabilities arising out incurred by Landlord to the extent they were caused by the following activities of an incurred connection with removing Tenant at the Premises, Buildings or remediating Property during the Term of this Lease and arise from events or conditions which came into existence after the Effective Date not caused by Landlord or other tenants: (i) any release, release, or disposal of any Hazardous Materials on at the Premises, Buildings or about Property by Tenant, or (ii) the Job Site violation of any Applicable Laws at the Premises, Buildings or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion Property pertaining to protection of the Workenvironment, public health and safety, air emissions, water discharges, hazardous or toxic substances, solid or hazardous wastes or occupational health and safety. The indemnification obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Hazardous Material. Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) Unless Tenant obtains the prior written approval consent of Owner is obtainedLandlord, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous MaterialTenant shall not create, generate, use, bring, allow, emit, dispose, or becomes aware of permit on the Premises, Building or Project any incident involving Hazardous Material at the Job Sitetoxic or hazardous gaseous, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any personliquid, or injury solid material or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actwaste, or under any other hazardous material defined or listed in any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order law, rule, regulation or requirement for removalordinance. If Landlord grants its consent, treatment Tenant shall comply with all applicable laws with respect to such hazardous material, including all laws affecting the use, storage and disposal thereof. If the presence of any hazardous material brought to the Premises, Building or Project by Tenant or Tenant’s employees, agent or contractors results in contamination, Tenant shall promptly take all actions necessary, at Tenant’s sole cost and expense, to remediate the contamination and restore the Premises, Building or Project to the condition that existed before introduction of such hazardous material. Tenant shall first obtain Landlord’s approval of the proposed remedial actionaction and shall keep Landlord informed during the process of remediation. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor Tenant shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, Landlord harmless from and against any and all claims, lossesliabilities, costs or liabilities expenses incurred or suffered by Landlord arising out from Tenant bringing, allowing, using, permitting, generating, creating, emitting, or disposing of toxic or hazardous material whether or not consent to same has been granted by Landlord. Tenant’s duty to defend, hold-harmless and indemnify Landlord hereunder shall survive the expiration or termination of this Lease. The consent requirement contained herein shall not apply to ordinary office products that may contain de minimis quantities of hazardous material; however, Tenant’s indemnification obligations are not diminished with respect to the presence of such products. Tenant acknowledges that Tenant has an incurred connection with removing affirmative duty to immediately notify Landlord of any release or remediating any Hazardous Materials suspected release of hazardous material in the Premises or on or about the Job Site or transported onProject. Medical waste and any other waste, tothe removal of which is regulated, from or about the Job Site by Contractor. This indemnity shall be effective during contracted for and after completion disposed of by Tenant, at Tenant’s expense, in accordance with all applicable laws and regulations. No material shall be placed in Project trash boxes, receptacles or Common Areas if the Workmaterial is of such a nature that it cannot be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in the State without being in violation of any law or ordinance.

Hazardous Material. Contractor shall (a) The Grantor represents, warrants and agrees that, except as previously disclosed to the Bank in writing: (1) the Grantor has not permit used or installed any Hazardous Material (as defined belowhereinafter defined) to be locatedin violation of applicable Environmental Laws on, used, incorporated into the Work from or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected Mortgaged Property and shall immediately report to the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence Grantor’s actual knowledge no other person has used or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) installed any Hazardous Material as defined under on, from or in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, Mortgaged Property; (2) to the Grantor’s knowledge, no other person has violated any substance applicable Environmental Laws (as hereinafter defined) relating to or matter that results in liability affecting the Mortgaged Property or any other property owned by the Grantor except as previously disclosed to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, the Beneficiary; (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon materialto the best of the Grantor’s knowledge the Mortgaged Property are presently in compliance with all applicable Environmental Laws, and there are no facts or circumstances presently existing upon or under the Mortgaged Property, or relating to the Mortgaged Property, which may violate any applicable Environmental Laws, and there is not now pending or, to the best knowledge of the Grantor, threatened any action, suit, investigation or proceeding against the Grantor or the Mortgaged Property (or against any other party relating to the Mortgaged Property) seeking to enforce any right or remedy against the Grantor or the Mortgaged Property under any of the Environmental Laws; (4) any other substance or matter that becomes subject the Mortgaged Property shall be kept free of Hazardous Materials to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted required by Lawapplicable Environmental Laws, and without in any way limiting any other indemnity obligation under this Agreementshall not be used to generate, Contractor shall indemnifymanufacture, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officersrefine, directorstransport, agentstreat, employeesstore, representativeshandle, shareholdersdispose, partnerstransfer, affiliatesproduce, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any process Hazardous Materials on other than the processing of materials in the ordinary course of the Grantor’s business as of the date hereof; (5) the Grantor shall not cause or about permit the Job Site or transported installation of Hazardous Materials in, on, toover or under the Mortgaged Property or a Release (as hereinafter defined) of Hazardous Materials unto or from the Mortgaged Property or suffer the presence of Hazardous Materials in, from on, over or about under the Job Site by Contractor. This indemnity Mortgaged Property in violation of applicable Environmental Laws; (6) the Grantor shall be effective during and after completion of comply with Environmental Laws applicable to the Work.Mortgaged Property, all at no cost or expense to the Beneficiary or the Trustee;

Hazardous Material. Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Work.. (f)

Hazardous Material. Contractor For purposes of this Lease “Hazardous Material” means any flammable items, explosives, radioactive material, oil, toxic substance, material or waste or related materials, including any material or substance included in the definition of “hazardous wastes”, “hazardous materials” or “toxic substances”, now or hereafter regulated under any Legal Requirements, including, without limitation, petroleum-based products, paints, solvents, lead cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, medical waste, polychlorinated biphenyls, and similar compounds. “Hazardous Material” shall also include, without limitation, any materials or substances which could trigger any employee “right to know” requirements or for which any regulatory or other governmental body has adopted any requirements for the preparation or distribution of a material safety data sheet. Tenant shall not cause or permit any Hazardous Material (as defined below) to be locatedbrought upon, produced, stored, generated, used, incorporated into discharged or disposed of in, on, under or about the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) Premises without the prior written approval consent of Owner is obtained, Landlord and (iv) Contractor complies then only in compliance with all Laws applicable environmental Legal Requirements. Notwithstanding the preceding sentence, Tenant shall be permitted to store de minimus amounts of standard office supplies and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work cleaning products in the area so affected Premises for use in the Premises, provided Tenant complies in all respects with all applicable environmental Legal Requirements. Tenant shall execute such affidavits, representations and shall immediately report the same certifications from time to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives time as may be requested by Landlord concerning Tenant’s best knowledge and belief regarding the presence or use absence of Hazardous Material at in, on, under or about the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980Premises, the Resource Conservation and Recovery ActBuilding and/or the Property. Tenant shall defend, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) indemnify and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, harmless Landlord from and against any and all claimsclaims (including, losseswithout limitation, costs or liabilities and attorney’s fees) arising out from any breach of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported onthis Section 3.3. The indemnity, to, from or about the Job Site by Contractor. This indemnity defense and hold harmless obligations in this Section 3.3 shall be effective during in addition to all other indemnity, defense and after completion of the Workhold harmless obligations contained in this Lease.

Hazardous Material. Contractor Tenant shall not cause or permit any Hazardous Material (as defined below) to be locatedbrought upon, usedkept or used in or about the Leased Premises by Tenant, incorporated into its agents, employees, contractors or invitees. If Tenant breaches the Work obligations stated in the preceding sentence, or brought onto if the Job Site presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the property, damages for the loss or restriction on use of rentable or useable space or of any amenity of Bellevue Place or the Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at Bellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with the Work unless (i) absolutely necessary because no alternative is availableany investigation of site conditions or any clean-up, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Ownerremedial, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, removal or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to restoration work required by any federal, state or local governmental agency order or requirement for removalpolitical subdivision because of Hazardous Material present in the soil or ground water on or under Bellevue Place. Without limiting the foregoing, treatment if the presence of any Hazardous Material brought upon, kept or remedial action. To used in or about the extent permitted Leased Premises or Bellevue Place by LawTenant, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, its agents, employees, representativescontractors or invitees, shareholders, partners, affiliates, successors and assigns harmless, from and against results in any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion contamination of the WorkLeased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Leased Premises, Bellevue Place or any other property to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government.

Hazardous Material. Contractor Throughout the term of this Lease, Lessee shall not permit any Hazardous Material (as defined below) to be located------------------ prevent the presence, useduse, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any dischargegeneration, release, injury to any persondischarge, storage, disposal, or injury transportation of any Hazardous Materials (as hereinafter defined) on, under, in, above, to, or damage to any property resulting from use the Leased Premises other than in strict compliance with all applicable federal, state, and local laws, rules, regulations, and orders. For purposes of Hazardous Material in this provision, the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. term "Hazardous MaterialMaterials" shall mean (1) and refer to any Hazardous Material as defined under the Comprehensive Environmental Responsewastes, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actmaterials, or other substances of any kind or character that are or become regulated as hazardous or toxic waste or substances, or which require special handling or treatment, under any applicable state local, state, or local Lawsfederal law, rule, regulation, or order. Lessee shall indemnify, defend, and hold harmless from and against (2a) any substance loss, cost, expense, claim, or matter that results in liability arising out of any investigation, monitoring, clean-up, containment, removal, storage, or restoration work (herein referred to as "Remedial Work") required by, or incurred by Lessor or any other person or entity from discharge of or exposure to party in a reasonable belief that such substance or matter under Remedial Work is required by any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any applicable federal, state or local agency order law, rule, regulation or requirement for removalorder, treatment or remedial action. To by any governmental agency, authority, or political subdivision having jurisdiction over the extent permitted by LawLeased Premises, and without in (b) any way limiting any other indemnity obligation under this Agreementclaims of third parties for loss, Contractor shall indemnifyinjury, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officersexpense, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities damage arising out of an incurred connection with removing the presence, release, or remediating discharge of any Hazardous Materials on or about the Job Site or transported on, under, in, above, to, or from the Leased Premises. In the event any Remedial Work is so required under any applicable federal, state, or about local law, rule, regulation or order, Lessee shall promptly perform or cause to be performed such Remedial Work in compliance with such law, rule, regulation, or order. In the Job Site by Contractor. This indemnity event Lessee shall fail to commence the Remedial Work in a timely fashion, or shall fail to prosecute diligently the Remedial Work to completion, such failure shall constitute an event of default on the part of Lessee under the terms of this Lease, and Lessor, in addition to any other rights or remedies afforded it hereunder, may, but shall not be effective during obligated to, cause the Remedial Work to be performed, and after completion of Lessee shall promptly reimburse Lessor for the Workcost and expense thereof upon demand.

Hazardous Material. Contractor shall, and shall not permit any cause its Subcontractors and Vendors to, comply with all Applicable Laws relating to Hazardous Material (as defined below) to be located, used, incorporated into and all Applicable Permits. Without limiting the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity generality of the foregoing: (1) Contractor shall, and shall cause its Subcontractors and Vendors to, apply for, obtain, comply with, maintain and renew all Applicable Permits required of Contractor by Applicable Laws regarding Hazardous Material is specified in writing to Ownerthat are necessary, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, customary or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable advisable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at and shall cause its expenseSubcontractors and Vendors to, have an independent Environmental Protection Agency identification number for disposal of Hazardous Material under the Contract Documents if and as required under Applicable Laws or Applicable Permits. (2) Contractor shall conduct its activities under the Contract Documents, and shall cause the removal each of its Subcontractors to conduct its activities, in a manner designed to prevent pollution of the environment or any other release of any Hazardous Material by Contractor and remedy its Subcontractors and Vendors in a manner or at a level requiring remediation pursuant to any associated problems Applicable Law. (3) Contractor shall not cause or allow the release or disposal of Hazardous Material at the Job Site, bring Hazardous Material to the Job Site, or transport Hazardous Material from the Job Site, except in accordance with applicable Laws Applicable Law and prudent business practicesApplicable Permits. "Hazardous Material" Contractor shall mean (1) any be responsible for the management of and proper disposal of all Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, brought onto or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (generated at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by it or its Subcontractors or Vendors, if any. Contractor shall cause all such Hazardous Material brought onto or generated at the Job Site by it or its Subcontractors or Vendors, if any, (A) to be transported only by carriers maintaining valid permits and operating in compliance with such permits and laws regarding Hazardous Material pursuant to manifest and shipping documents identifying only Contractor as the generator of waste or person who arranged for waste disposal, and (B) to be treated and disposed of only at treatment, storage and disposal facilities maintaining valid permits operating in compliance with such permits and laws regarding Hazardous Material, from which, to the best of Contractor’s knowledge, there has been and will be no release of Hazardous Material. This indemnity Contractor shall submit to Company a list of all Hazardous Material to be effective during brought onto or generated at the Job Site prior to bringing or generating such Hazardous Material onto or at the Job Site. Contractor shall keep Company informed as to the status of all Hazardous Material on the Job Site and after completion disposal of all Hazardous Material from the WorkJob Site.

Hazardous Material. Contractor (a) Violate any Environmental Law (provided this covenant shall not be deemed violated by an unintentional violation that could not reasonably be expected to have a Material Adverse Effect on the Company) or (b) permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity any of the property owned, leased or operated by the Company. If any Hazardous Material is specified brought or found thereon or therein, except as may be permitted above (and then only in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies strict compliance with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Materialapplicable Environmental Laws), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shallCompany, at its expense, cause the removal of the Hazardous Material shall immediately remove it, with proper off site disposal, and remedy perform, as required by any associated problems Governmental Authority or Bank, all environmental response, investigation, removal, corrective and remedial actions in a diligent manner and in accordance with applicable Laws all Environmental Laws. The Company's obligations hereunder shall survive any foreclosure of or exercise of power of sale under the Mortgage or any transfer of title to the Land and prudent business practicesImprovements to the Bank in lieu of foreclosure. "The Company shall promptly, after any officer of the Company learns or obtains knowledge of the occurrence thereof, give written notice to the Bank of receipt of any written notice of personal injury, property damage, violation, claim or noncompliance, or order or request for information, from any Governmental Authority or other third party with respect to any Environmental Law or Hazardous Material" , and shall mean (1) promptly remedy any Hazardous Material as defined under breach of any Environmental Law by the Comprehensive Environmental ResponseCompany. The Bank shall have the right to enter upon the property owned, Compensation and Liability Act of 1980, leased or operated by the Resource Conservation and Recovery ActCompany, or under any applicable state or local Lawspart thereof (through its employees and/or agents), to verify compliance by the Company with the terms of this Agreement and to conduct such environmental assessments and audits as Bank shall deem advisable to facilitate such verification; provided, however, THE COMPANY HEREBY ACKNOWLEDGES THAT ALL HAZARDOUS MATERIAL HANDLING PRACTICES AND ENVIRONMENTAL PRACTICES AND PROCEDURES ARE THE SOLE RESPONSIBILITY OF THE COMPANY, AND THE COMPANY HAS FULL DECISION-MAKING POWER WITH RESPECT THERETO. THE COMPANY FURTHER ACKNOWLEDGES THAT THE BANK IS NOT AN ENVIRONMENTAL CONSULTANT, ENGINEER, INVESTIGATOR OR INSPECTOR OF ANY TYPE WHATSOEVER. NO ACT (2OR DECISION NOT TO ACT) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theoryOF THE BANK RELATED TO THIS AGREEMENT OR ANY RELATED DOCUMENT SHALL GIVE RISE TO ANY OBLIGATION OR LIABILITY ON THE PART OF THE BANK WITH RESPECT TO ENVIRONMENTAL MATTERS. IN NO EVENT SHALL ANY INFORMATION OBTAINED FROM THE BANK OR THEIR RESPECTIVE AGENTS PURSUANT TO THIS AGREEMENT OR ANY RELATED DOCUMENT CONCERNING THE ENVIRONMENTAL CONDITION OF THE PROPERTY OWNED, LEASED OR OPERATED BY THE COMPANY BE CONSIDERED BY THE COMPANY (3OR ANY OTHER RECIPIENT OF SAID INFORMATION) pesticidesAS CONSTITUTING LEGAL OR ENVIRONMENTAL CONSULTING, asbestosENGINEERING, formaldehydeINVESTIGATING OR INSPECTING ADVICE, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and AND THE COMPANY (4OR ANY OTHER RECIPIENT OF SAID INFORMATION) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial actionSHALL NOT RELY ON SAID INFORMATION. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the WorkTHE RESPONSIBILITY FOR COMPLIANCE WITH ENVIRONMENTAL LAWS RESTS SOLELY WITH THE COMPANY.

Hazardous Material. Contractor shall Tenant covenants not permit to introduce any Hazardous Material (as defined below) to be located, used, incorporated into the Work hazardous or brought toxic materials onto the Job Site in connection with the Work unless premises without (i) absolutely necessary because no alternative is available, first obtaining Landlord’s written consent and (ii) complying with all applicable federal, state and local laws or ordinances pertaining to the precise nature and quantity transportation, storage, use or disposal of such materials, including but not limited to obtaining proper permits. If Tenant’s transportation, storage, use or disposal of hazardous or toxic materials on the premises results in (i) contamination of the Hazardous Material is specified soil or surface or ground water or (ii) loss or damage to person(s) or property, then Tenant agrees to respond in writing accordance with the following paragraph. Tenant agrees (i) to Ownernotify Landlord immediately of any contamination, claim of contamination, loss or damage; (ii) after consultation and approval by Landlord to clean up the contamination in full compliance with all applicable statutes, regulations and standards; and (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, Landlord harmless from and against any and all claims, lossessuits, causes of action, costs and fees, including attorney’s fees, arising from or liabilities arising out connected with any such contamination, claim of an incurred connection with removing contamination, loss or remediating damage. This provision shall survive termination of this lease. Notwithstanding anything contained herein to the contrary, Landlord agrees, as to any Hazardous Materials on or about Substances existing at the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion Premises as of the WorkCommencement Date (the “Commencement Date Hazardous Substances”) or first introduced or otherwise brought to the Premises by Landlord or its contractors, agents or employees after the Commencement Date (the “Post Commencement Date Hazardous Substances”), to remove or otherwise remediate such Hazardous Substances if and to the extent required by Environmental Law as existing on the Commencement Date (i.e., as it relates to the Commencement Date Hazardous Substances) or as of the date so introduced by Landlord or its contractors, agents or employees (i.e., as it relates to the Post Commencement Date Hazardous Substances), as the case may be, at Landlord’s sole cost and expense. Landlord shall restore, at its sole cost and expense any damage caused to the premises as a result of such access, removal or remediation by Landlord under this Section. In any entry into the premises under this Section, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business operations therefrom. Prior to the commencement date Landlord will hire an environmental firm to perform a Phase I review of the premises. A copy of this report will be provided to Tenant.

Hazardous Material. Contractor As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by, or is dealt with in, any local governmental authority, the State of California or the United States Government, but excluding such substances as are typically and customarily found in other first class office buildings in small and lawful quantities for office and janitorial supplies, reprographic equipment and Building Systems. Tenant acknowledges that Landlord may incur costs (A) for complying with laws, codes, regulations or ordinances relating to Hazardous Material (“Environmental Laws”), or (B) otherwise in connection with Hazardous Material including, without limitation, the following: (i) Hazardous Material present in soil or ground water; (ii) Hazardous Material that migrates, flows, percolates, diffuses or in any way moves onto or under the Project; (iii) Hazardous Material present on or under the Project as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Project by other tenants of the Project or their agents, employees, contractors or invitees, or by others; and (iv) material which becomes Hazardous Material due to a change in Environmental Laws. Tenant agrees that the costs incurred by Landlord with respect to, or in connection with, the Project for complying with Environmental Laws shall be an Operating Expense, unless the cost of such compliance, as between Landlord and Tenant, (A) is made the responsibility of Tenant under this Lease, in which case such cost shall be borne by Tenant, or (B) is prohibited from being passed through as an Operating Expense pursuant to Section 4.2.3(q) or otherwise, in which case such cost shall be borne by Landlord (or directly by other tenants of the Project or third parties, as applicable) and not permit as an Operating Expense. To the extent any such cost that was allocated as an Operating Expense relating to Hazardous Material is subsequently recovered or reimbursed through insurance, or recovery from responsible third parties, or other action, Tenant shall be entitled to a proportionate share of such Operating Expense paid by Tenant to which such recovery or reimbursement relates. Landlord represents and warrants to Tenant that to the best of Landlord’s knowledge, the Project and all improvements therein have been and will be constructed without the use of asbestos or any other Hazardous Material (as defined below) known to be locatedhazardous at the time of its installation, usedand, incorporated into to the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because best of Landlord’s knowledge, no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified currently affects the Project in writing to Owner, (iii) the prior written approval a materially adverse manner. For purposes of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980this Section 29.23, the Resource Conservation and Recovery Actterm “to the best of Landlord’s knowledge” means the present, actual knowledge of persons directly employed by Landlord or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Workits property manager.

Hazardous Material. Contractor (a) The Borrower shall not permit comply with or cause compliance with all applicable Environmental Laws, shall pay or cause to be paid when due the costs of removal of any Hazardous Material (as defined below) and the costs of compliance with applicable Environmental Laws, and shall keep the Site or cause the Site to be locatedkept free of any Lien imposed pursuant to such Environmental Laws. In the event the Borrower fails to do so, used, incorporated into after notice to the Work or brought onto Borrower and the Job Site in connection with expiration of the Work unless earlier of (i) absolutely necessary because no alternative is available30 days following such notice, or (ii) the precise nature and quantity cure period permitted under the applicable Environmental Law, the Agent may declare such failure an Event of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, Default or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material from the Site and remedy any associated problems in accordance the cost of such removal (with applicable Laws interest) shall immediately be due from the Borrower to the Agent and prudent business practicesthe same shall be added to the Term Loans. "Hazardous Material" shall mean (1) The Borrower agrees not to release or dispose of any Hazardous Material as defined at the Project except in compliance with all applicable Environmental Laws. In addition, the Borrower agrees not to allow the manufacture, storage, transmission, presence or disposal of any Hazardous Material over, upon or under the Comprehensive Site in violation of applicable Environmental ResponseLaws. The Agent shall have the right at any time to conduct an environmental audit of the Site and the Borrower shall cooperate in the conduct of such environmental audit. The Borrower shall give the Agent and its agents and employees access to the Site to remove Hazardous Material which is stored, Compensation disposed of or otherwise present at the Site in violation of applicable Environmental Laws and Liability Act of 1980the Borrower agrees to execute a manifest to enable the Agent to do so and in the event the Borrower fails to execute such manifest, the Resource Conservation Borrower hereby appoints the Agent as its attorney-in-fact to execute such manifest. The Borrower agrees to deliver to the Agent copies of all material correspondence and Recovery Actnotices to or from any agency, official or under any applicable state or local other third party regarding Hazardous Materials and/or Environmental Laws. The Borrower agrees to defend, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) indemnify and hold Owner the Agent and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors each other Financing Party free and assigns harmless, harmless from and against all liability, loss, costs, damage and expense (including attorneys' fees and expenses and consequential damages) the Agent or the other Financing Parties may sustain by reason of (A) the imposition or recording of a Lien by any Governmental Authority pursuant to any Environmental Law; (B) claims of any Governmental Authority or private parties regarding violations of Environmental Laws; (C) costs and all claimsexpenses (including, losseswithout limitation, attorneys' fees and expenses and fees incidental to the securing of repayment of such costs and expenses) incurred by Borrower, the Agent or liabilities arising out of an incurred any other Financing Party in connection with removing the removal of any such Lien, or remediating removal of any Hazardous Materials on Material or about in connection with the Job Site Borrower's, the Agent's or transported on, to, from any other Financing Party's compliance with any Environmental Laws; and (D) the assertion against the Agent or about the Job Site any other Financing Party by Contractor. This indemnity shall be effective during and after completion any party of the Workany claim in connection with Hazardous Material.

Hazardous Material. Contractor 43.1. Except for supplies typically used in the ordinary course of business in commercially reasonable amounts in accordance with all Applicable Laws, Tenant shall not cause or permit any Hazardous Material (as defined belowhereinafter defined) to be locatedbrought upon, usedkept or used in or about the Premises by Tenant, incorporated into its agents, employees, contractors or invitees, without the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the 37 prior written approval consent of Owner is obtainedLandlord, and (iv) Contractor complies with all Laws and prudent business practices concerning which consent may be granted or withheld in Landlord’s sole discretion. For the Hazardous Material required. If Contractor encounters any material it reasonably believes to be purpose of this Lease, “Hazardous Material” shall include oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or becomes aware of other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work “hazardous substances,” “hazardous wastes,” “hazardous materials” or “toxic substances” as such terms are defined in the area so affected Resource Conservation and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on Recovery Act and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, and in any other law, ordinance, rule, regulation or under order promulgated by the federal or state government, or any applicable state other governmental entity having jurisdiction over the Building or local Lawsthe parties to this Lease, (2) but excluding mold, fungus, dust and other natural contaminants. If Tenant breaches the obligations set forth in this paragraph, or if the presence of Hazardous Material in the Premises or at the Building by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall defend, indemnify and hold harmless Landlord and its agents, members, partners and employees from any substance and all claims, judgments, damages, penalties, fines, costs, liabilities or matter that results losses, including, without limitation, diminution in liability to value of the Building, damages for the loss or restriction on use of rentable or usable space in or of any person or entity amenity of the Building, damages arising from discharge any adverse impact on leasing space in the Building, sums paid in settlement of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon materialclaims, and (4) any other substance attorneys’ fees, consultant fees and expert fees which arise during or matter that becomes subject to after the Term of this Lease as a result of such contamination. This indemnification of Landlord by Tenant shall survive expiration or termination of this Lease and includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by federal, state or local governmental agency order or requirement for removalpolitical subdivision because of Hazardous Material present in, treatment or remedial actionunder the Premises. To Without limiting the extent foregoing, if the presence of any Hazardous Material caused or permitted by Law, and without Tenant results in any way limiting contamination of the Building, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Building to the condition existing prior to the introduction of any other indemnity obligation under this Agreementsuch Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, Contractor which approval shall indemnifynot be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effects on the Building. Landlord shall be responsible, defend (at Contractor's Landlord’s sole cost and with legal counsel acceptable expense and not as a part of Operating Expenses, for the removal, encapsulation or remediation (as applicable) of any Hazardous Material which existed in, on or about the Building as of the Commencement Date and for which Tenant is not otherwise responsible for pursuant to Owner) this Section 43, to the extent that such removal, encapsulation or remediation is required by Applicable Laws. Landlord shall defend, indemnify and hold Owner harmless Tenant and their respective officers, directors, its agents, members, partners and employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all loss of rents and/or damages, liabilities, judgments, costs, claims, lossesliens, costs or liabilities expenses, penalties, permits and attorney’s and consultant’s fees to the extent arising out of an incurred connection with removing or remediating involving any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the WorkMaterial for which Landlord is responsible for pursuant to this Section 43.

Hazardous Material. Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) Unless Tenant obtains the prior written approval consent of Owner is obtainedLandlord, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous MaterialTenant shall not create, generate, use, bring, allow, emit, dispose, or becomes aware of permit on the Premises, Building or Project any incident involving Hazardous Material at the Job Sitetoxic or hazardous gaseous, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any personliquid, or injury solid material or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actwaste, or under any other hazardous material defined or listed in any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order law, rule, regulation or requirement for removalordinance. If Landlord grants its consent, treatment Tenant shall comply with all applicable laws with respect to such hazardous material, including all laws affecting the use, storage and disposal thereof. If the presence of any hazardous material brought to the Premises, Building or Project by Tenant or Tenant’s employees, agent or contractors results in contamination, Tenant shall promptly take all actions necessary, at Tenant’s sole cost and expense, to remediate the contamination and restore the Premises, Building or Project to the condition that existed before introduction of such hazardous material. Tenant shall first obtain Landlord’s approval of the proposed remedial actionaction and shall keep Landlord informed during the process of remediation. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor Tenant shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, Landlord harmless from and against any and all claims, lossesliabilities, costs or liabilities expenses incurred or suffered by Landlord arising out from such bringing, allowing, using, permitting, generating, creating, emitting, or disposing of toxic or hazardous material whether or not consent to same has been granted by Landlord. Tenant’s duty to defend, hold-harmless and indemnify Landlord hereunder shall survive the expiration or termination of this Lease. The consent requirement contained herein shall not apply to ordinary office products that may contain de minimis quantities of hazardous material; however, Tenant’s indemnification obligations are not diminished with respect to the presence of such products. Tenant acknowledges that Tenant has an incurred connection with removing affirmative duty to immediately notify Landlord of any release or remediating any Hazardous Materials suspected release of hazardous material in the Premises or on or about the Job Site or transported onProject. Medical waste and any other waste, tothe removal of which is regulated, from or about the Job Site by Contractor. This indemnity shall be effective during contracted for and after completion disposed of by Tenant, at Tenant’s expense, in accordance with all applicable laws and regulations. No material shall be placed in Project trash boxes, receptacles or Common Areas if the Workmaterial is of such a nature that it cannot be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in the State without being in violation of any law or ordinance.

Hazardous Material. Contractor Prior to delivery of the Premises to Tenant, ------------------ Landlord shall remove and/or remediate any asbestos or other hazardous materials situated on the Premises that is mandated to be removed by any governmental entity or agency at Landlord's sole cost and expense. Thereafter, Tenant shall not cause or permit any Hazardous Material (Material, as defined below) , to be locatedbrought upon, kept, stored, utilized, disposed of or used in the Building by Tenant or its agents, employees, contractors or invitees. Notwithstanding the foregoing, Tenant may cause or permit diesel fuel or batteries necessary for Tenant's Special Improvements to be brought upon, kept, stored, utilized or used in the Premises by Tenant and its authorized agents, employees, contractors or invitees provided that Tenant causes such materials to be at all times properly stored and lawfully used. This restriction shall survive the termination or expiration of this Lease. If the presence of Hazardous Material on the Premises is caused or permitted by Tenant or its agents, incorporated into employees, contractors or invitees and results in contamination of the Work Premises or brought onto the Job Site Building, then Tenant shall indemnify, defend and hold Landlord and any owner of the property wherein the Premises are located harmless from all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity any investigation of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtainedsite conditions, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Materialclean-up, remedial, removal or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to restoration work required by any federal, state or local governmental agency order or requirement for removal, treatment or remedial actionpolitical subdivision. To If the extent permitted by Law, and without Hazardous Material results in contamination of any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion part of the WorkBuilding, Tenant shall promptly take all actions at its own expense as are necessary to remediate, provided that Landlord's approval of such remedial action shall first be obtained.

Hazardous Material. Contractor Throughout the term of this Lease, Lessee shall not permit any Hazardous Material (as defined below) to be located------------------ prevent the presence, useduse, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any dischargegeneration, release, injury to any persondischarge, storage, disposal, or injury transportation of any Hazardous Materials (as hereinafter defined) on, under, in, above, to, or damage to any property resulting from use the Leased Premises other than in strict compliance with all applicable federal, state, and local laws, rules, regulations, and orders. For purposes of Hazardous Material in this provision, the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. term "Hazardous MaterialMaterials" shall mean (1) and refer to any Hazardous Material as defined under the Comprehensive Environmental Responsewastes, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actmaterials, or other substances of any kind or character that are or become regulated as hazardous or toxic waste or substances, or which require special handling or treatment, under any applicable state local, state, or local Lawsfederal law, rule, regulation, or order. Lessee shall indemnify, defend, and hold harmless from and against (2a) any substance loss, cost, expense, claim, or matter that results in liability arising out of any investigation, monitoring, clean-up, containment, removal, storage, or restoration work (herein referred to as "Remedial Work") required by, or incurred by Lessor or any other person or entity from discharge of or exposure to party in a reasonable belief that such substance or matter under Remedial Work is required by any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any applicable federal, state or local agency order law, rule, regulation or requirement for removalorder, treatment or remedial action. To by any governmental agency, authority, or political subdivision having jurisdiction over the extent permitted by LawLeased Premises, and without in (b) any way limiting any other indemnity obligation under this Agreementclaims of third parties for loss, Contractor shall indemnifyinjury, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officersexpense, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities damage arising out of an incurred connection with removing the presence, release, or remediating discharge of any Hazardous Materials on or about the Job Site or transported on, under, in, above, to, or from the Leased Premises. In the event any Remedial Work is so required under any applicable federal, state, or about local law, rule, regulation or order, Lessee shall promptly perform or cause to be performed such Remedial Work in compliance with such law, rule, regulation, or order. In the Job Site event Lessee shall fail to commence the Remedial Work in a timely fashion, or shall fail to prosecute diligently the Remedial Work to completion, such failure shall constitute an event of default on the part of Lessee under the terms of this Lease, and Lessor, in addition to any other rights or remedies afforded it hereunder, may, but shall not be obligated to, cause the Remedial Work to be performed, and Lessee shall promptly reimburse Lessor for the cost and expense thereof upon demand. Anything to the contrary herein notwithstanding, Lessee shall not be responsible for any conditions existing prior to commencement of this Lease, arising from off-site conditions and events, or as a result of actions by Contractor. This indemnity shall be effective during and after completion of the Workunrelated third parties.

Hazardous Material. Contractor Tenant shall (i) not permit cause any “Hazardous Material Material” (as defined belowhereinafter defined) to be locatedreleased in or about the Premises by Tenant, usedits agents, incorporated into employees, contractors or invitees in violation of applicable laws, rules, ordinances and permits. If Tenant breaches the Work obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or brought onto losses which arise during or after the Job Site Lease Term or extended term as a direct result of contamination caused by tenant. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with the Work unless (i) absolutely necessary because no alternative is availableany investigation of site conditions or any cleanup, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Ownerremedial, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, removal or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to restoration work required by any federal, state or local governmental agency order or requirement for removalsubdivision with jurisdiction over the cleanup. Without limiting the foregoing, treatment or remedial action. To if the extent permitted release of any Hazardous Material on the Premises caused by Law, and without Tenant results in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials contamination on or about the Job Site Premises, which is required to be remediated by applicable laws; Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition required by government agencies with jurisdiction over the cleanup; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld. As used herein, the term “Hazardous Material” means any hazardous or transported ontoxic substance, tomaterial or waste, from or any substance material or waste, which is or becomes regulated by any local governmental authority, the State of California or the United States Government. Upon expiration or earlier termination of this Lease, tenant shall duly execute and deliver to Landlord a certificate (the “Hazardous Waste Certificate”) in the form on Exhibit A attached hereto. In the event Tenant shall fail to so deliver the Hazardous Waste Certificate, such failure shall, without further notice or passage of time, constitute a default under the Lease and shall entitle Landlord to retain the entire security deposit held by Landlord, to be applied toward payment of the cost of assessing the presence of Hazardous Material on or about the Job Site Premises, and toward payment of all loss, cost, liability damage and expense actually incurred by Contractor. This indemnity Landlord arising as a result of such contamination Nothing contained herein shall be effective during deemed or construed to limit the liability of Tenant to Landlord hereunder for the breach of any covenant of Tenant under this Paragraph. The provisions of this Paragraph shall survive the expiration or earlier termination of this Lease and after completion Tenant’s surrender of the WorkPremises to Landlord.

Hazardous Material. Contractor LICENSOR hereby expressly acknowledges that LICENSEE intends to use the PREMISES for the purpose of conduction mining and/or mineral concentrating and processing operations (hereinafter collectively referred to as "Operations"). LICENSEE shall obtain, prior to engaging in Operations, such governmental approvals (including, but not permit any limited to, a closure or reclamation plan) as may be required under applicable laws. LICENSEE shall make available to LICENSOR copies of all approvals. In the course of conducting Operations it is expected that LICENSEE will us materials which may be considered "Hazardous Material (Materials" as defined below) below and which are authorized for use by appropriate permit or authorization. LICENSOR hereby expressly grants permission for LICENSEE to be located, used, incorporated into use such materials in the Work course of conduction Operations. If LICENSEE breaches its obligation as imposed by any permit or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtainedauthorization, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the unauthorized presence or use of Hazardous Material at on the Job Site. Contractor shall be liable for all on and off-site disposal or transport PREMISES results in contamination of the PREMISES, or, if any other damage to the PREMISES by Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material)occurs, and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor then LICENSEE shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) defend, save and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, LICENSOR harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses, and reasonable sums paid in settlement of claims, attorneys' fees, consultants' fees and expert fees which arise during or after the term hereof or any extension, as applicable, as a result of such contamination or otherwise as a result of the presence, use, generation, storage, release, threatened release, manufacture or disposal of Hazardous Material on the PREMISES or the transportation to or from the PREMISES of Hazardous Material. This indemnification of LICENSOR by LICENSEE includes, without limitation, costs or liabilities arising out of an incurred in connection with removing any investigation of site conditions or remediating any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials Material present in the soil or groundwater on or about under the Job Site PREMISES and shall continue in full force and effect in the event LICENSEE acquires the fee ownership of the PREMISES pursuant to Paragraph 10.4. In the event that LICENSEE shall fail to comply with any laws regulating Hazardous Material or transported onotherwise applicable in connection with LICENSEE'S use and operation of the PREMISES within ten (10) days after LICENSOR shall give LICENSEE written notice of such non-compliance, toor if such compliance within such period is not possible, from or about if LICENSEE shall not commence curing and diligently proceed to completion (but in any event LICENSEE shall complete such compliance when required by law), then LICENSOR may comply with the Job Site same on behalf of LICENSEE and all costs and expenses incurred by Contractor. This indemnity LICENSOR in complying with such laws shall be effective during deemed additional consideration under the Agreement and shall be payable to LICENSEE to LICENSOR within ten (10) days after completion of the WorkLICENSOR'S written demand therefor.

Hazardous Material. Contractor Tenant shall not permit any Hazardous Material (as defined below) to be locatedcreate, usedgenerate, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is availableuse, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Ownerbring, (iii) the prior written approval of Owner is obtainedallow, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Materialemit, dispose, or becomes aware of permit on the Premises, Building or Project any incident involving Hazardous Material at the Job Sitetoxic or hazardous gaseous, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any personliquid, or injury solid material or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actwaste, or under any other hazardous material defined or listed in any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order law, rule, regulation or requirement ordinance except for removal, treatment de minimis amounts of hazardous materials contained in ordinary office products or remedial action. To the extent permitted by Lawuse an ordinary course of tenant's business provided that such usage shall be in compliance with all laws, and without shall be subject to Tenant's indemnity obligations hereunder. Tenant shall comply with all applicable laws with respect to such hazardous material, including all laws affecting the use, storage and disposal thereof. If the presence of any hazardous material brought to the Premises, Building or Project by Tenant or Tenant's employees, agent or contractors results in any way limiting any other indemnity obligation under this Agreementcontamination, Contractor Tenant shall promptly take all actions necessary, at Tenant's sole cost and expense, to remediate the contamination and restore the Premises, Building or Project to the condition that existed before introduction of such hazardous material. Tenant shall first obtain Landlord's approval of the proposed remedial action and shall keep Landlord informed during the process of remediation. Tenant shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, Landlord harmless from and against any and all claims, lossesliabilities, costs or liabilities expenses incurred or suffered by Landlord arising out from such bringing, allowing, using, permitting, generating, creating, emitting, or disposing of toxic or hazardous material whether or not consent to same has been granted by Landlord. Xxxxxx's duty to defend, hold-harmless and indemnify Landlord hereunder shall survive the expiration or termination of this Lease. The consent requirement contained herein shall not apply to ordinary office products that may contain de minimis quantities of hazardous material; however, Tenant's indemnification obligations are not diminished with respect to the presence of such products. Tenant acknowledges that Xxxxxx has an incurred connection with removing affirmative duty to immediately notify Landlord of any release or remediating any Hazardous Materials suspected release of hazardous material in the Premises or on or about the Job Site or transported onProject. Medical waste and any other waste, tothe removal of which is regulated, from or about the Job Site by Contractor. This indemnity shall be effective during contracted for and after completion disposed of by Tenant, at Tenant's expense, in accordance with all applicable laws and regulations. No material shall be placed in Project trash boxes, receptacles or Common Areas if the Workmaterial is of such a nature that it cannot be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in the State without being in violation of any law or ordinance.

Hazardous Material. Contractor For purposes of this Lease, the term "Hazardous Material" means any hazardous substance, hazardous waste, infectious waste, or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state, or federal governmental authority. Except for small quantities of ordinary office supplies such as copier toners, liquid paper, glue, ink, and common household cleaning materials, Tenant shall not cause or permit any Hazardous Material (as defined below) to be locatedbrought, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Materialkept, or becomes aware of any incident involving Hazardous Material at used in or about the Job SitePremises or the Project by Tenant, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representativescontractors, shareholdersor invitees. Any Hazardous Materials that Tenant is authorized to bring, partnerskeep or use in or about the Premises shall be stored, affiliatesused and disposed of in accordance with all requirements of applicable law. Tenant hereby agrees to indemnify Landlord from and against any breach by Tenant of the obligations stated in the preceding sentence, successors and assigns harmless, agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fees, costs, liabilities, or losses, including, without limitation, diminution in value of the Project, damages for the loss or restriction or use of rentable space or of any amenity of the Project, damages arising from any adverse impact on marketing of space in the Project, sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert fees) which arise during or after the Term of this Lease as a result of such breach. This indemnification of Landlord by Tenant includes, without limitation, costs or liabilities arising out of an incurred in connection with removing any investigation of site conditions and any cleanup, remedial removal, or remediating restoration work required due to the presence of Hazardous Material. Tenant shall promptly notify Landlord of any release of a Hazardous Materials on Material in the Premises or about at the Job Site Project of which Tenant becomes aware, whether caused by Tenant or transported on, to, from any other person or about entity. The provisions of this Section 22 shall survive the Job Site by Contractor. This indemnity shall be effective during and after completion termination of the WorkLease.

Hazardous Material. Contractor Subcontractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i1) absolutely necessary because no alternative is available, (ii2) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, Builder and (iii3) the prior written approval of Owner Builder is obtained, and (iv4) Contractor Subcontractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor Subcontractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor Subcontractor shall immediately stop the Work in the area so affected and shall immediately report the same to OwnerBuilder. Contractor Subcontractor shall also immediately notify Owner Builder of any notice Contractor Subcontractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor Subcontractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Subcontractor introduced Hazardous Material in the performance of the Work. Contractor Subcontractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "“Hazardous Material" ” shall mean any substance known or believed to involve health risks and shall include but not be limited to (1) any Hazardous Material explosives, radioactive materials, wastes or substances, (2) any substance defined as defined under "hazardous substances," "hazardous wastes," "extremely hazardous waste," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actas amended, or under any applicable state or local Laws42 U.S.C. Sec. 9601, et seq., (23) any “Hazardous Material” as defined in the California Health and Safety Code, (4) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (35) pesticides, asbestosasbestos containing material, formaldehyde, polychlorinated biphenylbiphenyls, solvents, petroleum and motor fuel hydrocarbon material, and (46) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Work.

Hazardous Material. Contractor LICENSEE shall not permit cause, nor shall LICENSEE allow any of its Agents or Invitees (as such terms are defined below) to cause, any Hazardous Material (as defined below) to be locatedbrought upon, kept, used, incorporated into stored, generated, released or disposed of in, on, under or about the Work Xxxxxxx Lot, or brought onto transported to, from or over the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is availableXxxxxxx Lot. LICENSEE shall immediately notify CITY when LICENSEE learns of, (ii) the precise nature and quantity or has reason to believe that, a release of the Hazardous Material is specified in writing has occurred in, on, under or about the Xxxxxxx Lot. LICENSEE shall further comply with all laws, statutes, ordinances, rules, regulations, policies, orders, edicts and the like requiring notice of such releases or threatened releases to Owner, (iii) the prior written approval of Owner is obtainedgovernmental agencies, and (iv) Contractor complies with shall take all Laws and prudent business practices concerning action necessary or desirable to mitigate the Hazardous Material requiredrelease or minimize the spread of contamination. If Contractor encounters any material it reasonably believes to be In the event that LICENSEE or its Agents or Invitees cause a release of Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor LICENSEE shall, at its expensewithout cost to CITY, cause promptly remediate the removal of Xxxxxxx Lot to the Hazardous Material and remedy any associated problems condition immediately prior to the release in accordance with all applicable Laws regulatory requirements and prudent business practicesProject Approvals. "In connection therewith, LICENSEE shall afford CITY a full opportunity to negotiate and participate in any discussion with governmental agencies and environmental consultants regarding any settlement agreement, cleanup or abatement agreement, consent decree or other compromise proceeding involving Hazardous Material" shall mean (1) , and any other abatement or clean-up plan, strategy and procedure. For purposes hereof, “Hazardous Material” means material that, because of its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard to public health, welfare or the environment. Hazardous Material includes, without limitation, the following: any material or substance defined as defined under a “hazardous substance, pollutant or contaminant” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actas amended, 42 U.S.C. Sections 9601 et seq., or under pursuant to Section 25316 of the California Health & Safety Code or any applicable state other federal, state, or local LawsLaw; a “hazardous waste” listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos and asbestos containing materials whether or not such materials are part of the Xxxxxxx Lot or are naturally occurring substances in the Xxxxxxx Lot; and any petroleum, (2) including, without limitation, crude oil or any substance fraction thereof, natural gas or matter that results in liability to any person or entity natural gas liquids, provided, the foregoing shall not prohibit LICENSEE from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmlesstraversing to, from and against any and all claimsacross the Xxxxxxx Lot in standard motor vehicles, losses, costs trucks or liabilities arising out of an incurred connection with removing construction vehicles or remediating any Hazardous Materials from conducting the Activities on or about the Job Site Xxxxxxx Lot in accordance with all Laws. The term “release” or transported “threatened release” when used with respect to Hazardous Material shall include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on, to, from under or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the WorkXxxxxxx Lot.

Hazardous Material. Contractor Borrower covenants that Borrower will not cause or permit the Marriott Project to contain Hazardous Material. Borrower shall not install, store, use, treat, transport or dispose of (or permit or acquiesce in the installation, storage, use, treatment, transportation or disposal by Borrower, its agents, employees, independent contractors or tenants of) any Hazardous Material (on the Marriott Project. In the event of any such installation, storage, use, treatment, presence, transportation or disposal, whether previously existing or hereafter occurring, and whether by Borrower, or any predecessor in title, or any employees, agents, contractors or third parties, Borrower shall remove any such Hazardous Material, and otherwise comply with all applicable Legal Requirements, all at the expense of Borrower. If Borrower shall fail to proceed with such removal or otherwise comply with applicable Law as defined below) soon as reasonably possible, and in any case within the cure period permitted under applicable Law, Administrative Agent may declare an Event of Default. Notwithstanding anything contained herein, the Note, and any other Loan Document to the contrary, Citi acknowledges that Borrower and Borrower’s tenants, agents, employees, contractors and agents may be maintaining, at the Marriott Project, reasonable and customary quantities of certain solvents, cleaning fluids, petroleum products, and other items which may contain Hazardous Material to be locatedheld in the normal course, usedbusiness or trade to be treated, incorporated into the Work or brought onto the Job Site stored and disposed of in connection full compliance with the Work unless applicable regulations for small-quantity generators, if any; provided: (i) absolutely necessary because no alternative the presence of such Hazardous Material, in such concentrations, is availablenot prohibited under applicable Hazardous Material Law, (ii) such Hazardous Material, in such concentrations, is contained and stored in accordance with applicable Hazardous Material Law, and (iii) the precise nature acknowledgment by Citi as to the presence of such Hazardous Material shall not diminish Borrower’s obligation pursuant to this Section to reimburse Lenders against any loss or damage occasioned by the presence thereof. Borrower shall promptly notify Administrative Agent in writing of any order or pending or threatened action by any Governmental Authority having jurisdiction over the Marriott Project, or any claims made by any third party, relating to Hazardous Material on, or emanations from, the Marriott Project, and quantity shall promptly furnish Administrative Agent with copies of any correspondence or legal pleadings in connection therewith. In addition, Administrative Agent, after consulting with Borrower, shall have the right, but shall not be obligated, to notify any Governmental Authority having jurisdiction over the Marriott Project of information which may come to its attention with respect to Hazardous Material on or emanating from the Marriott Project, and Borrower irrevocably releases Lenders and Administrative Agent from any claims of loss, damage, liability, expense or injury relating to or arising from, directly or indirectly, any such disclosure. At any time and from time to time hereafter, terminating only upon repayment in full of all sums due and owing under the Note and performance of all obligations under the other Loan Documents, Administrative Agent may require Borrower to provide Administrative Agent, at the expense of Borrower, an inspection or audit of all or a portion of the Marriott Project, prepared by a qualified consultant selected by Borrower and approved by Administrative Agent certifying as to the presence or absence of Hazardous Material Materials, (i) if, in the exercise of its good faith business judgment based upon facts or circumstances occurring or coming to the knowledge of Administrative Agent after the effective date of the environmental survey results set forth in the Environmental Report, the Administrative Agent determines such inspection or audit is specified necessary or desirable, (ii) to confirm the completion of any remedial action by Borrower at the Marriott Project in writing to Ownercompliance with all applicable Legal Requirements and requirements of any Governmental Authority, (iii) if required to comply with regulatory requirements applicable to the prior written approval Administrative Agent or any of Owner is obtainedthem, and or (iv) Contractor complies from and after the occurrence of an Event of Default. Without limiting the foregoing, Borrower hereby grants to Administrative Agent and its employees, agents and independent contractors, the right to enter upon the Marriott Project, at any time and from time to time, upon reasonable prior notice, for the purpose of inspecting and auditing the Marriott Project and conducting tests, soil borings, the installation of monitoring xxxxx and such other tests as Administrative Agent deem necessary or desirable. Administrative Agent shall cooperate with Borrower and use their best efforts not to unreasonably interfere with the Construction. Borrower hereby agrees to reimburse Administrative Agent, Lenders and their respective directors, officers, agents and employees, and Citi’s successors, indorsees, transferees, participants and assigns, for all charges, costs, fees, expenses and liabilities incurred by any of the foregoing in connection with all Laws claims, demands, suits, proceedings, injunctive relief, orders, information requests, notice letters, losses, costs, fines, penalties, judgments, damages and prudent business practices concerning expenses (including reasonable attorneys’ fees and expenses) of every kind and nature whatsoever that arise (whether before, during or after the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware term of the Loan) out of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean following: (1i) any Hazardous Material as defined under the Comprehensive Environmental Responseat, Compensation and Liability Act of 1980on, the Resource Conservation and Recovery Actin, under, affecting, or under otherwise related to, any applicable state portion of the Construction Project, any surrounding property, or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon materialthe surrounding environment, and (4ii) circumstances that constitute a breach or violation, whether voluntary or involuntary, of this Section, Sections 3.1(n), 3.1(o) and 14.1(w) and the last sentence of Section 3.1(b) herein, or circumstances as alleged by a third party which, if true, would constitute such a breach or violation. The foregoing right of reimbursement includes, but is not limited to, the following: attorneys’ and consultants’ fees, expenses, and court costs; all costs of cleaning up, removing, remediating, implementing corrective action with respect to, abating, or otherwise responding to Hazardous Material relating to the Construction Project; all costs incurred to avoid the imposition of, or to discharge, any other substance or matter that becomes subject to lien on the Construction Project arising out of any Hazardous Material, any federal, state or local agency environmental statutes, law, regulation, order or requirement for removalany cleanup; all costs of determining whether the Construction Project is in compliance with applicable federal, treatment state or remedial action. To local environmental and wetlands statutes, laws, regulations and orders, as well as costs expended in efforts to bring the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and Construction Project into compliance with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any the same; and all claimscosts associated with claims for injury to persons, losses, costs property or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Worknatural resources.

Hazardous Material. Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) Unless Tenant obtains the prior written approval consent of Owner is obtainedLandlord, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous MaterialTenant shall not create, generate, use, bring, allow, emit, dispose, or becomes aware of permit on the Premises, Building or Project any incident involving Hazardous Material at the Job Sitetoxic or hazardous gaseous, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any personliquid, or injury solid material or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actwaste, or under any other hazardous material defined or listed in any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order law, rule, regulation or requirement for removalordinance. If Landlord grants its consent, treatment Tenant shall comply with all applicable laws with respect to such hazardous material, including all laws affecting the use, storage and disposal thereof. If the presence of any hazardous material brought to the Premises, Building or Project by Tenant or Tenant’s employees, agent or contractors results in contamination, Tenant shall promptly take all actions necessary, at Tenant’s sole cost and expense, to remediate the contamination and restore the Premises, Building or Project to the condition that existed before introduction of such hazardous material. Tenant shall first obtain Landlord’s approval of the proposed remedial actionaction and shall keep Landlord informed during the process of remediation. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor Tenant shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, Landlord harmless from and against any and all claims, lossesliabilities, costs or liabilities expenses incurred or suffered by Landlord arising out from such bringing, allowing, using, permitting, generating, creating, emitting, or disposing of toxic or hazardous material whether or not consent to same has been granted by Landlord. Tenant’s duty to defend, hold harmless and indemnify Landlord hereunder shall survive the expiration or termination of this Lease. The consent requirement contained herein shall not apply to ordinary office products that may contain de minimis quantities of hazardous material; however, Tenant’s indemnification obligations are not diminished with respect to the presence of such products. Tenant acknowledges that Tenant has an incurred connection with removing affirmative duty to immediately notify Landlord of any release or remediating any Hazardous Materials suspected release of hazardous material in the Premises or on or about the Job Site or transported onProject. Medical waste and any other waste, tothe removal of which is regulated, from or about the Job Site by Contractor. This indemnity shall be effective during contracted for and after completion disposed of by Tenant, at Tenant’s expense, in accordance with all applicable laws and regulations. No material shall be placed in Project trash boxes, receptacles or Common Areas if the Workmaterial is of such a nature that it cannot be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in the State without being in violation of any law or ordinance.

Hazardous Material. Contractor shall, and shall cause its Subcontractors and Vendors to, comply with all Applicable Laws relating to Hazardous Material and all Applicable Permits. Without limiting the generality of the foregoing: Contractor shall conduct its activities under the Contract Documents, and shall cause each of its Subcontractors to conduct its activities in a manner designed to prevent pollution of the environment or any other release of any Hazardous Material by Contractor and its Subcontractors and Vendors in a manner or at a level requiring remediation pursuant to any Applicable Law. Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into cause or allow the Work release or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity disposal of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of bring Hazardous Material at to the Job Site, or transport Hazardous Material from the Job Site, except in accordance with Applicable Law and Applicable Permits. Contractor shall be liable responsible for the management of and proper disposal of all on and off-site disposal or transport of Hazardous Material (brought onto or generated at the Job Site by it or its Subcontractors or Vendors, and shall sign procure all required permitting and proper shipping documents in accordance with all applicable regulations, at Contractor’s sole cost. If Contractor or any manifest for the transport of its Subcontractors or storage of such Vendors releases any Hazardous Material)Material on, and for any discharge, release, injury to any personat, or injury from the Job Site, or damage to becomes aware of any property resulting from use of Person who has released any Hazardous Material in on, at, or from the performance of Job Site during the Work, Contractor shall immediately notify Owner in writing. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable expense, diligently proceed to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against take all necessary or desirable remedial action to clean up fully the contamination caused by any: Release by Contractor or any and all claims, losses, costs of its Subcontractors or liabilities arising out Vendors of an incurred connection with removing or remediating any Hazardous Materials on Material; and Hazardous Material that was brought onto or about the Job Site or transported on, to, from or about generated at the Job Site by Contractor or any of its Subcontractors or Vendors, whether on or off the Job Site. If Contractor discovers any Pre‑Existing Hazardous Material that has been stored, released or disposed of at the Site, Contractor shall immediately notify Owner in writing. If Contractor’s Work involves the area where such a discovery was made, Contractor shall immediately stop any Work affecting the area and Owner shall determine a reasonable course of action. This indemnity Contractor shall be effective during not cause its Subcontractors and after completion of Vendors to take any action that may exacerbate any such contamination. Contractor shall cooperate with and assist Owner in making the WorkJob Site available for taking necessary remedial steps to clean up any such contamination at Owner’s expense.

Hazardous Material. Contractor Tenant shall not permit have the right to use and store Hazardous Materials in or about the Project provided that such Hazardous Materials are reasonably necessary or useful to the business of Tenant or any Hazardous Material (as defined below) to be located, subtenant of the Project and are used, incorporated into kept and stored in a manner that complies with all applicable laws; said use is consistent with and permitted by the Work or brought onto zoning and other governmental restrictions applicable to the Job Site Project; said use would be allowed in connection with “Group B Occupancies” under the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity provisions of Chapter 7 of the Hazardous Material is specified in writing to Owner1991 Uniform Building Code commencing with Section 701, (iii) the prior written approval said provision being attached hereto as Exhibit K; and does not violate Paragraph 4 of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material requiredthis Lease. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor Tenant shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner Landlord harmless with respect to all damage, liability, penalties, judgments, losses, claims and their respective officersexpenses with respect to the presence of Actionable levels of Hazardous Materials in, directorson, under or abut the Premises except this indemnity shall not apply to the presence prior to the Effective Date, of any Hazardous Materials in, on, under or about the Premises or to any Hazardous Materials which migrate underground to the Premises from a location other than the Premises and such Hazardous Material was not released by or caused to be released by Tenant or any of its subtenants, members, owners, employees, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against contractors or consultants. Tenant’s obligation to indemnify Landlord pursuant to the foregoing sentence shall include any and all claims, losses, costs or liabilities arising out of an expenses incurred by Landlord pursuant to the foregoing sentence shall include any and all costs or expenses incurred by Landlord (including consultants’ and attorneys’ fees) in connection with removing any investigations, cleanup and other response or remediating any remediation actions which Landlord may incur in connection with Actionable levels of Hazardous Materials for which Tenant is responsible hereunder. Without limiting the generality of the foregoing, Tenant’s indemnification obligation pursuant to this Paragraph 20 shall include the following costs or expenses: (i) losses in or reductions to rental income; (ii) all costs of investigation, cleanup or other remediation on or about the Job Site or transported on, to, Premises; and (iii) any diminution in the fair market value of the Premises which results from the presence of Hazardous Materials upon or about the Job Site by ContractorPremises. This Without limiting the foregoing, if the presence of any Hazardous Material for which Tenant must indemnify Landlord under the above indemnity is detected at the Premises Tenant shall promptly take all actions at its sole expense as are necessary to bring the Project or Premises into compliance with any and all applicable governmental restrictions; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, no open flame burning and gasoline or other fuel storage (except such storage as is merely incidental to the normal course of business of a nonhazardous trade, business or occupation being carried on at the Project) shall be effective during and after completion carried on at the Project or Premises without the prior written consent of the WorkLandlord, which consent Landlord may withhold in its sole discretion.

Hazardous Material. Contractor Throughout the term of this Lease, Tenant shall not permit any Hazardous Material (as defined below) to be locatedcause the presence, useduse, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any dischargegeneration, release, injury to any persondischarge, storage, disposal, or injury transportation of any Hazardous Materials (as hereinafter defined) on, under, in, above, to, or damage to any property resulting from use the Leased Premises other than in strict compliance with all applicable federal, state, and local laws, rules, regulations, and orders. For purposes of Hazardous Material in this provision, the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. term "Hazardous MaterialMaterials" shall mean (1) and refer to any Hazardous Material as defined under the Comprehensive Environmental Responsewastes, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actmaterials, or other substances of any kind or character that are or become regulated as hazardous or toxic waste or substances, or which require special handling or treatment, under any applicable state local, state, or local Lawsfederal law, rule, regulation, or order. Tenant shall indemnify, defend, and hold harmless from and against (2a) any substance loss, cost, expense, claim, or matter that results in liability arising out of any investigation, monitoring, clean-up, containment, removal, storage, or restoration work of the Leased Premises (herein referred to as "Remedial Work") required by, or incurred by Landlord or any other person or entity from discharge of or exposure to party in a reasonable belief that such substance or matter under Remedial Work is required by any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any applicable federal, state or local agency order law, rule, regulation or requirement for removalorder, treatment or remedial action. To by an governmental agency, authority, political subdivision having jurisdiction over the extent permitted by LawLeased Premises, and without in (b) any way limiting any other indemnity obligation under this Agreementclaims of third parties for loss, Contractor shall indemnifyinjury, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officersexpense, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities damage arising out of an incurred connection with removing the presence, release, or remediating discharge of any Hazardous Materials on or about the Job Site or transported on, under, in, above, to, or from or about the Job Site by Contractor. This indemnity shall be effective during Leased Premises and after completion which arise out of the Workactivities of the Tenant. In the event any Remedial Work is so required under any applicable federal, state, or local law, rule, regulation or order, Tenant shall promptly perform or cause to be performed such Remedial Work in compliance with such law, rule, regulation, or order. In the event Tenant shall fail to commence the Remedial Work in a timely fashion, or shall fail to prosecute diligently the Remedial Work to completion, such failure shall constitute an event of default on the part of Tenant under the terms of this Lease, and Landlord, in addition to any other rights or remedies afforded it hereunder, may, but shall not be obligated to, cause the Remedial Work to be performed, and Tenant shall promptly reimburse Landlord for the cost and expense thereof upon demand.

Hazardous Material. Contractor Except for supplies typically used in the ordinary course of business (e.g., cleaning solvents) that are stored and used in compliance with all applicable laws and in quantities that are typically used in the ordinary course of business, Tenant shall not cause or permit any Hazardous Material (as defined in Section 29.31.2 below) to be locatedbrought, usedkept or used in or about the Real Property by Tenant, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representativescontractors, shareholdersor invitees. Tenant indemnifies Landlord for, partnersfrom and against any breach by Tenant of the obligations stated in the preceding sentence, affiliates, successors and assigns harmless, agrees to defend and hold Landlord harmless from and against any and all claims, lossesjudgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Real Property, damages for the loss or restriction or use of rentable or usable space or of any amenity of the Real Property, damages arising from any adverse impact or marketing of space in the Real Property, and sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert fees) which arise during or after the Lease Term as a result of such breach. This indemnification of Landlord by Tenant includes, without limitation, costs or liabilities arising out of an incurred in connection with removing any investigation of site conditions or remediating any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Real Property. Without limiting the foregoing, if the presence of any Hazardous Materials Material on the Real Property caused or about the Job Site or transported on, to, from or about the Job Site permitted by Contractor. This indemnity shall be effective during and after completion Tenant results in any contamination of the WorkReal Property and subject to the provisions of Articles 8 and 9 hereof, Tenant shall promptly take all actions at its sole expense as are necessary to return the Real Property to the condition existing prior to the introduction of any such Hazardous Material and the contractors to be used by Tenant for such work must be approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed so long as such actions would not potentially have any material adverse long-term or short-term effect on the Real Property and so long as such actions do not materially interfere with the use and enjoyment of the Real Property by the other tenants thereof.

Hazardous Material. Contractor (i) Tenant shall not (either with or without negligence) cause or permit escape, disposal or release of any biologically active or other hazardous substances, or materials on the Premises except and unless such biologically active or other hazardous substances have been pretreated prior to disposal or release into the air or sewer in full compliance with all local, state, federal and regulatory laws, rules, regulations and orders but in all events no less than compliance with the highest standards prevailing in the industry for such release or disposal. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building in which the Premises any such materials or substances except to use in the ordinary course of Tenants business and then only after written notice to Landlord of the identity of such substance or materials. At the discretion of Landlord, written notice to Landlord of the identity of such hazardous materials or substances may be provided by delivery by Tenant to landlord copies of written records prepared by or for Tenant which adequately describe and identify such substance and material. Tenant shall not cause or permit any Hazardous Material (as defined belowhereinafter defined) to be locatedbrought upon, usedkept or used in or about the Premises by Tenant, incorporated into its agents, employees, contractors or invitees except the Work ordinary course of Tenants business and in compliance with all applicable, rules and regulations, ordinances and orders. Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or brought onto the Job Site losses (including without limitation, diminution in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity value of the Hazardous Material is specified Premises, damages for the loss or restriction on use in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, rentable or becomes aware usable space or of any incident involving Hazardous Material at amenity of the Job SitePremises, Contractor shall immediately stop damages arising from any adverse impact on marketing of space, any sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner lease term as a result of any notice Contractor receives concerning the presence or use of biologically active or Hazardous Material at Materials on the Job SitePremises during the lease term. Contractor shall be liable for all on and offThis indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-site disposal up, remedial, removal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to restoration work required by any federal, state or local governmental agency order or requirement for removal, treatment political subdivision because of Hazardous Material present in the soil or remedial action. To ground water on or under the Premises to the extent permitted Tenant is responsible therefor. Without limiting the foregoing, if the presence of any Hazardous Material the Premises caused by Law, and without Tenant results in any way limiting contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the conditions existing prior to the introduction of any other indemnity obligation under this Agreementsuch Hazardous Material to the Premises; provided that Landlord's approval of such actions shall first be obtained, Contractor which approval shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against not be unreasonably withheld so long as such actions would not potentially have any and all claims, losses, costs material adverse long-term or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials short-term effect on or about the Job Site or transported on, to, from or about the Job Site by ContractorPremises. This The foregoing indemnity shall be effective during and after completion survive the expiration or earlier termination of the Workthis Lease.

Hazardous Material. Contractor (a) Grantor shall not permit any Hazardous Material comply with the provisions of Sections 4.17 and 6.8 of the Credit Agreement in respect of Materials of Environmental Concern (as defined belowin the Credit Agreement). In the event Grantor fails to do so, after five (5) days' notice to Grantor and the expiration of the cure period permitted under the applicable Legal Requirement, Beneficiary may declare such failure an Event of Default or cause the Premises to be locatedfreed from the Hazardous Material and the cost of the removal with interest at the Default Rate shall immediately be due from Grantor to Beneficiary and the same shall be added to the Indebtedness and be secured by this Deed of Trust. Grantor shall give Beneficiary and its agents and employees access to the Premises to remove Hazardous Material. Grantor agrees to defend, usedindemnify and hold Beneficiary and Trustee free and harmless from and against all loss, incorporated into costs, damage and expense (including attorneys' fees and costs and consequential damages) Beneficiary may sustain by reason of (i) the Work imposition or brought onto recording of a lien by any Governmental Authority pursuant to any Legal Requirement relating to hazardous or toxic wastes or substances or the Job Site removal thereof ("Hazardous Material Laws"); (ii) claims of any private parties regarding violations of Hazardous Material Laws; (iii) costs and expenses (including, without limitation, attorneys' fees and fees incidental to the securing of repayment of such costs and expenses) incurred by Grantor, Beneficiary or Trustee in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity removal of the any such lien or in connection with Grantor's or Beneficiary's or Trustee's compliance with any Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, Laws; and (iv) Contractor complies the assertion against Beneficiary or Trustee by any party of any claim in connection with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material. It is intended that the foregoing agreement of Grantor to indemnify Beneficiary include, or becomes aware without limitation, indemnification for loss, costs, damage and expense Beneficiary may sustain as a result of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at ContractorBeneficiary's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Workown negligence.

Hazardous Material. Contractor shall, and shall not permit any cause its Subcontractors and Vendors to, comply with all Applicable Laws relating to Hazardous Material (as defined below) Material, all Applicable Permits, and all requirements of the Financing Parties with respect to be located, used, incorporated into Hazardous Material. Without limiting the Work or brought onto generality of the Job Site in connection with the Work unless foregoing: (i) absolutely necessary because no alternative is availableContractor shall, (ii) the precise nature and quantity shall cause its Subcontractors and Vendors to, apply for, obtain, comply with, maintain and renew all Applicable Permits required of the Contractor by Applicable Laws regarding Hazardous Material is specified in writing to Ownerthat are necessary, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, customary or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable advisable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at and shall cause its expenseSubcontractors and Vendors to have an independent Environmental Protection Agency identification number for disposal of Hazardous Material under this Agreement if and as required under Applicable Laws or Applicable Permits. (ii) Contractor shall conduct its activities under this Agreement, and shall cause the removal each of its Subcontractors to conduct its activities, in a manner designed to prevent pollution of the environment or any other release of any Hazardous Material by Contractor and remedy its Subcontractors and Vendors in a manner or at a level requiring remediation pursuant to any associated problems Applicable Law. (iii) Contractor shall not cause or allow the release or disposal of Hazardous Material at the Job Site, bring Hazardous Material to the Job Site, or transport Hazardous Material from the Job Site, except in accordance with applicable Laws Applicable Law and prudent business practicesApplicable Permits. "Contractor shall be responsible for the management of and proper disposal of all Hazardous Material brought onto or generated at the Job Site by it or its Subcontractors or Vendors, if any. Contractor shall cause all such Hazardous Material brought onto or generated at the Job Site by it or its Subcontractors or Vendors, if any, (A) to be transported only by carriers maintaining valid permits and operating in compliance with such permits and laws regarding Hazardous Material pursuant to manifest and shipping documents identifying only Contractor as the generator of waste or person who arranged for waste disposal, and (B) to be treated and disposed of only at treatment, storage and disposal facilities maintaining valid permits operating in compliance with such permits and laws regarding Hazardous Material" , from which, to the best of Contractor's knowledge, there has been and will be no release of Hazardous Material. Contractor shall mean submit to Owner a list of all Hazardous Material to be brought onto or generated at the Job Site prior to bringing or generating such Hazardous Material onto or at the Job Site. Contractor shall keep Owner informed as to the status of all Hazardous Material on the Job Site and disposal of all Hazardous Material from the Job Site. (1iv) If Contractor or any of its Subcontractors or Vendors releases any Hazardous Material on, at, or from the Job Site, or becomes aware of any Person who has stored, released or disposed of Hazardous Material on, at, or from the Job Site during the Work, Contractor shall immediately notify Owner in writing. If Contractor's work involved the area where such release occurred, Contractor shall immediately stop any Work affecting the area. Contractor shall, at its sole expense, diligently proceed to take all necessary or desirable remedial action to clean up fully the contamination caused by (A) any knowing or negligent release by Contractor or any of its Subcontractors or Vendors of any Pre-Existing Hazardous Material, and (B) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, that was brought onto or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (generated at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor or any of its Subcontractors or Vendors, whether on or off the Job Site. Notwithstanding anything to the contrary, Contractor shall not be responsible for determining the existence of pre-existing hazardous material on the jobsite. (v) If Contractor discovers any Pre-Existing Hazardous Material that has been stored, released or disposed of at the Property Site, Contractor shall immediately notify Owner in writing. If Contractor's Work involves the area where such a discovery was made, Contractor shall immediately stop any work affecting the area and Owner shall determine a reasonable course of action. This indemnity Contractor shall not, and shall cause its Subcontractors and Vendors to not take any action that may exacerbate any such contamination. If Owner desires Contractor to perform all or part of any remediation or evacuation that may become necessary as a result of the discovery of any such Pre-Existing Hazardous Material, it shall request a Change pursuant to Section 6.01(a) hereof; provided, however, that, notwithstanding the provisions of Section 6.03, Contractor shall not itself be obliged to proceed with any such environmental remediation work unless and until Owner and Contractor shall have agreed upon mutually satisfactory terms and conditions for the Change Order, including, without limitation, any appropriate supplemental environmental indemnification necessary to protect Contractor from liabilities it incurs as a result of performing such remediation. If requested by Owner, Contractor shall cooperate with and assist Owner in making the Property Site available for taking necessary remedial steps to clean up any such contamination at Owner's expense. Notwithstanding anything contained herein to the contrary, nothing contained herein shall be effective during and after completion of the Work.construed as to obligate Owner to take any remedial action to clean up, or otherwise place any liability on Owner for, any Pre-Existing Hazardous Material. (b)

Hazardous Material. Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) Unless Tenant obtains the prior written approval consent of Owner is obtainedLandlord, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous MaterialTenant shall not create, generate, use, bring, allow, emit, dispose, or becomes aware of permit on the Premises, Shopping Center or Complex any incident involving Hazardous Material at the Job Sitetoxic or hazardous gaseous, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any personliquid, or injury solid material or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actwaste, or under any other hazardous material defined or listed in any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order law, rule, regulation or requirement for removalordinance. If Landlord grants its consent, treatment Tenant shall comply with all applicable laws with respect to such hazardous material, including all laws affecting the use, storage and disposal thereof. If the presence of any hazardous material brought to the Premises, Shopping Center or Complex by Tenant or Tenant’s employees, agent or contractors results in contamination, Tenant shall promptly take all actions necessary, at Tenant’s sole cost and expense, to remediate the contamination and restore the Premises, Shopping Center or Complex to the condition that existed before introduction of such hazardous material. Tenant shall first obtain Landlord’s approval of the proposed remedial actionaction and shall keep Landlord informed during the process of remediation. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor Tenant shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, Landlord harmless from and against any and all claims, lossesliabilities, costs or liabilities expenses incurred or suffered by Landlord arising out from such bringing, allowing, using, permitting, generating, creating, emitting, or disposing of toxic or hazardous material whether or not consent to same has been granted by Landlord. Tenant’s duty to defend, hold-harmless and indemnify Landlord hereunder shall survive the expiration or termination of this Lease. The consent requirement contained herein shall not apply to ordinary office products that may contain de minimis quantities of hazardous material; however, Tenant’s indemnification obligations are not diminished with respect to the presence of such products. Tenant acknowledges that Tenant has an incurred connection with removing affirmative duty to immediately notify Landlord of any release or remediating any Hazardous Materials suspected release of hazardous material in the Premises or on or about the Job Site Shopping Center or transported onComplex. Medical waste and any other waste, tothe removal of which is regulated, from or about the Job Site by Contractor. This indemnity shall be effective during contracted for and after completion disposed of by Tenant, at Tenant’s expense, in accordance with all applicable laws and regulations. No material shall be placed in Shopping Center or Complex trash boxes, receptacles or Common Areas if the Workmaterial is of such a nature that it cannot be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in the State without being in violation of any law or ordinance.

Hazardous Material. Contractor Without limitation of the foregoing, each SOW assumes that Provider may install the ECMs and perform any services without encountering or disturbing asbestos, lead paint or other hazardous materials (collectively, “Hazardous Material”), and without being required to perform any abatement or provide any notice or take any other action with respect thereto. Customer hereby represents and warrants to Provider that, to the best of Customer’s knowledge and belief, there is no Hazardous Material in any area wherein Provider shall not permit be installing ECMs and performing Provider’s Services hereunder. In the event that Provider: (A) encounters any or suspects that it has encountered Hazardous Material (as defined below) to be locatedincluding friable or non-friable asbestos), used, incorporated into which is in the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is availableimmediate vicinity of Provider’s work, (iiB) determines or suspect that Provider’s work may result in the precise nature and quantity disturbance of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware (C) reasonably believes that the presence of any incident involving Hazardous Material at the Job Sitewill impede Provider’s work, Contractor Provider (x) shall immediately stop the Work in the area so affected and shall immediately report notify Customer of the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor Customer shall, at its expensecost, (i) cause the removal of the Hazardous Material to be promptly and remedy any associated problems properly removed, enclosed, encapsulated or otherwise abated in accordance with all applicable Laws laws, regulations and prudent business practices. "Hazardous Material" shall mean guidelines, and/or (1ii) any provide written test reports showing that the Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any in such area has been properly remediated in accordance with all applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure laws. Prior to such substance remediation and/or receipt of such relevant test reports, Provider may demobilize and cease construction in the area affected by the presence of such Hazardous Materials. In the event that Customer does not promptly take such remedial actions, Provider may, at its option, either remove the affected area from the SOW (and make commensurate adjustments to the rights and obligations of the Parties consistent with clause A. above) or matter under any statutory or common law theory, terminate the affected SOW in its entirety on thirty (330) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject days’ prior written notice to any federal, state or local agency order or requirement for removal, treatment or remedial actionCustomer. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity Customer shall be effective during and after completion responsible for all costs (including applicable Early Termination Cost) incurred by Provider that relate to the presence of the WorkHazardous Materials.

Hazardous Material. Contractor SUB-LICENSEE shall not permit cause, nor shall SUB-LICENSEE allow any of its Agents or Invitees (as such terms are defined below) to cause, any Hazardous Material (as defined below) to be locatedbrought upon, kept, used, incorporated into stored, generated, released or disposed of in, on, under or about the Work Property or brought onto Garage, or transported to, from or over the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is availableProperty or Garage. SUB-LICENSEE shall immediately notify CITY and COUNTY when SUB-LICENSEE learns of, (ii) the precise nature and quantity or has reason to believe that, a release of the Hazardous Material is specified has occurred in, on, under or about the Property or Garage. SUB-LICENSEE shall further comply with all Laws (as defined in writing Section 18 below), edicts and the like requiring notice of such releases or threatened releases to Owner, (iii) the prior written approval of Owner is obtainedgovernmental agencies, and (iv) Contractor complies shall take all action necessary or desirable to mitigate the release or minimize the spread of contamination. In the event that SUB-LICENSEE or its Agents or Invitees cause a release of Hazardous Material, SUB-LICENSEE shall, without cost to CITY or COUNTY and in accordance with all Laws and prudent business practices concerning using the Hazardous Material requiredhighest and best technology available, promptly return the Property, including Garage, to the condition immediately prior to the release. If Contractor encounters In connection therewith, SUB-LICENSEE shall afford. CITY and COUNTY a full opportunity to negotiate and participate in any material it reasonably believes to be discussion with governmental agencies and environmental consultants regarding any settlement agreement, cleanup or abatement agreement, consent decree or other compromise proceeding involving Hazardous Material, and any other abatement or becomes aware clean-up plan, strategy and procedure. For purposes hereof, “Hazardous Material” means material that, because of its quantity, concentration or physical or chemical characteristics, is at any incident involving time now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard to public health, welfare or the environment. Hazardous Material at includes, without limitation, the Job Sitefollowing: any material or substance defined as a “hazardous substance, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same pollutant or contaminant” pursuant to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actas amended, 42 U.S.C. Sections 9601 et seq., or under pursuant to Section 25316 of the California Health & Safety Code or any applicable state other federal, state, or local LawsLaw; a “hazardous waste” listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos and asbestos containing materials whether or not such materials are part of the Property or Garage or are naturally occurring substances in the Property; and any petroleum, (2) including, without limitation, crude oil or any substance fraction thereof, natural gas or matter that results in liability to any person or entity natural gas liquids, provided, the foregoing shall not prohibit SUB-LICENSEE from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmlesstraversing to, from and against across the Property, including the Garage, in standard motor vehicles. The term “release” or “threatened release” when used with respect to Hazardous Material shall include any and all claimsactual or imminent spilling, lossesleaking, costs pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on disposing in, on, under or about the Job Site Property or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the WorkGarage.

Hazardous Material. Contractor Tenant shall not permit use or allow another person or entity to use any part of the Premises for the storage, use, treatment, manufacture or sale of "Hazardous Material (Material," as that term is defined below) . Nothing herein, however, shall prohibit Tenant from using minimal quantities of cleaning fluid and office supplies which may constitute Hazardous Materials, but which are customarily present in premises devoted to be locatedoffice use, used, incorporated into the Work or brought onto the Job Site provided that such use is in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies compliance with all Laws and prudent business practices concerning applicable laws. As used herein, the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the state in which the Real Property is located or the United States Government. Landlord shall mean (1) provide Tenant with written notice of the presence of any Hazardous Material as defined under the Comprehensive Environmental Responseon, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actunder, or under any applicable state or local Lawsabout the Premises. Landlord shall protect, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner harmless Tenant and their respective its directors, officers, directorsemployees, agents, employeesparents, representatives, shareholders, partners, affiliatessubsidiaries, successors and assigns harmlessfrom any loss, from damage, cost expense or liability (including reasonable attorneys’ fees and against any and all claims, losses, costs costs) directly or liabilities indirectly arising out of an incurred connection with removing or remediating any attributable to the Landlord’s use, generation, manufacture, production, storage, release, threatened release, discharge, disposal or presence of Hazardous Materials on Material on, under or about the Job Site Premises (or transported onoff-site on property owned or operated by Landlord that affects the Premises) including, towithout limitation, from the costs of any required or about the Job Site by Contractor. This indemnity shall be effective during and after completion necessary repairs, cleanup or detoxification of the WorkPremises or any part of the Project, and the preparation and implementation of any closure, remedial or other required plans. Rent shall xxxxx to the extent the presence of Hazardous Material or a violation of applicable environmental law (in either case not caused by Tenant, its employees, agents or contractors) materially interferes with Tenant’s use of the Premises. If interference with Xxxxxx’s use of the Premises continues for more than ninety (90) days, Tenant may terminate this Lease by giving Landlord notice of termination. If the presence of Hazardous Material or a violation of applicable environmental law (in either case not caused by Tenant, its employees, agents or contractors) creates an unacceptable risk to the health or safety of Tenant’s employees or invitees as determined in Tenant’s reasonable judgment, and the condition is not abated within thirty (30) days after Tenant notifies Landlord of the condition, Tenant may terminate this Lease.

Hazardous Material. Contractor Borrower hereby represents and warrants that to the best knowledge of the Borrower, no other person has ever caused or permitted any Hazardous Material to be placed, held, located or disposed of, on, under or at any premises where Borrower conducts its operations, and neither the Collateral, or any part thereof has ever been used (whether by Borrower or, to the best knowledge of Borrower, by any other person) as a dump site or storage (whether permanent or temporary) site for any Hazardous Material. Borrower shall not cause or permit any Hazardous Material (as defined below) to be locatedplaced, usedheld, incorporated into located or disposed of, on, under or at any premises where Borrower conducts its operations or any part thereof, except as necessary in the Work or brought onto ordinary conduct of its business, in such amounts that would not be likely to have a Material Adverse Effect. For the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be purposes hereof “Hazardous Material” means and includes any hazardous, toxic or becomes aware of any incident involving Hazardous Material at the Job Sitedangerous waste, Contractor shall immediately stop the Work substance or material defined as such in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence (or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1purposes of) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980, the Resource Conservation and Recovery Act, any so-called “Superfund” or under any applicable state “Superlien” law, or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency statute, law, ordinance, code, rule, regulation, order or requirement for removaldecree regulating, treatment relating to or remedial actionimposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or any time hereinafter in effect. To Borrower further represents and warrants that Borrower, to the extent best knowledge of Borrower, no other Person, has ever caused or permitted any asbestos to be located on any of the property owned or leased by LawBorrower. Lender shall have the right but not the obligation to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials claims and to have its reasonable attorney’s and consultant’s fees in connection therewith paid by Borrower upon demand. Borrower shall be solely responsible for, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) indemnify and hold Owner and their respective officersharmless Lender, its directors, agentsofficers, employees, representatives, shareholders, partners, affiliatesagents, successors and assigns harmless, from and against against, any and all claimsloss, lossesdamage, costs cost, expense or liabilities liability arising out of an incurred connection with removing or remediating any attributable to the use, generation, storage, release, threatened release, discharge, disposal, or presence (whether prior to or during the term of the Loan) of Hazardous Materials on on, under or about the Job Site any property owned or transported onleased by Borrower (whether by Borrower or a predecessor in title or any employees, toagents, from contractors or about subcontractors of Borrower or any predecessor in title or any third persons at any time occupying or present on such property), including, without limitation: (a) all foreseeable consequential damages; (b) all asbestos abatement costs; (c) the Job Site costs of any required or necessary repair, cleanup or detoxification of property, including the soil and ground water thereof, and the preparation and implementation of any closure, remedial or other required plans; (d) damage to any natural resources; and (e) all reasonable costs and expenses incurred by ContractorLender in connection with clauses (a), (b), (c) and (d), including but not limited to reasonable attorney’s and consultant’s fees. This indemnity Any costs or expenses incurred by Lender for which Borrower is responsible or for which Borrower has indemnified Lender shall be effective during paid to Lender within ten (10) days after demand, and after completion failing prompt reimbursement, shall be added to the Indebtedness secured by the Collateral and earn interest at the Default Rate until paid in full. The provisions of this paragraph shall survive (i) the repayment of the WorkNote and the termination of Lender’s security interests of record; and (ii) any sale of the Collateral or Borrower’s other properties.

Hazardous Material. Contractor Throughout the term of this Lease, Lessee shall not permit any Hazardous Material (as defined below) to be locatedprevent the presence, useduse, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any dischargegeneration, release, injury discharge, storage, disposal, or transportation of any Hazardous Materials (as hereinafter defined) on, under, in, above, to, or from the Leased Premises by Lessee or lessee’s vendors, contractors, agents employees and invitees other than in strict compliance with all applicable federal, state, and local laws, rules, regulations, and orders. For purposes of this provision, the term “Hazardous Materials” shall mean and refer to any personwastes, materials, or injury other substances of any kind or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material character that are or become regulated as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Acthazardous or toxic waste or substances, or which require special handling or treatment, under any applicable state local, state, or local Lawsfederal law, rule, regulation, or order. Lessee shall indemnify, defend, and hold harmless from and against (2a) any substance loss, cost, expense, claim, or matter that results in liability arising out of any investigation, monitoring, clean-up, containment, removal, storage, or restoration work arising solely as a result of Lessee’s actions, or the actions of lessee’s vendors, contractors, agents, employees and invites onto the Leased premises (herein referred to as “Remedial Work”) required by, or incurred by Lessor or any other person or entity from discharge of or exposure party due to such substance or matter under Remedial Work being required by any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any applicable federal, state or local agency order law, rule, regulation or requirement for removalorder, treatment or remedial action. To by any governmental agency, authority, or political subdivision having jurisdiction over the extent permitted by LawLeased Premises, and without in (b) any way limiting claims of third parties for loss, injury, expense, or damage arising out of the presence, release, or discharge of any other indemnity obligation under this AgreementHazardous Materials on, Contractor shall indemnifyunder, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officersin, directorsabove, to, or from the Leased Premises caused solely as a result of Lessee’s actions, or the actions of lessee’s vendors, contractors, agents, employeesemployees and invites onto the Leased premises. In the event any Remedial Work is so required under any applicable federal, representativesstate, shareholdersor local law, partnersrule, affiliatesregulation or order, successors Lessee shall promptly perform or cause to be performed such Remedial Work in compliance with such law, rule, regulation, or order. In the event Lessee shall fail to commence the Remedial Work in a timely fashion, or shall fail to prosecute diligently the Remedial Work to completion, such failure shall constitute an event of default on the part of Lessee under the terms of this Lease, and assigns harmlessLessor, from and against in addition to any and all claimsother rights or remedies afforded it hereunder, lossesmay, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, but shall not be obligated to, from or about cause the Job Site by Contractor. This indemnity Remedial Work to be performed, and Lessee shall be effective during promptly reimburse Lessor for the cost and after completion of the Workexpense thereof upon demand.

Hazardous Material. Contractor Permittee shall not permit cause, nor shall Permittee allow any of its Agents or Invitees (as such terms are defined below) to cause, any Hazardous Material (as defined below) to be locatedbrought upon, kept, used, incorporated into stored, generated, released or disposed of in, on, under or about the Work Permit Area, or brought onto transported to, from or over the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is availablePermit Area. Permittee shall immediately notify San Francisco when Xxxxxxxxx learns of, (ii) the precise nature and quantity or has reason to believe that, a release of the Hazardous Material is specified in writing has occurred in, on, under or about the Permit Area. Permittee shall further comply with all laws, statutes, ordinances, rules, regulations, policies, orders, edicts and the like (collectively, “Laws”) requiring notice of such releases or threatened releases to Owner, (iii) the prior written approval of Owner is obtainedgovernmental agencies, and (iv) Contractor complies shall take all action necessary or desirable to mitigate the release or minimize the spread of contamination. In the event that Permittee or its Agents or Invitees cause a release of Hazardous Material, Permittee shall, without cost to San Francisco and in accordance with all Laws and prudent business practices concerning using the Hazardous Material requiredhighest and best technology available, promptly return the Permit Area to the condition immediately prior to the release. If Contractor encounters In connection therewith, Permittee shall afford San Francisco a full opportunity to negotiate and participate in any material it reasonably believes to be discussion with governmental agencies and environmental consultants regarding any settlement agreement, cleanup or abatement agreement, consent decree or other compromise proceeding involving Hazardous Material, and any other abatement or becomes aware of any incident involving Hazardous Material at the Job Siteclean-up plan, Contractor shall immediately stop the Work in the area so affected strategy and shall immediately report the same to Ownerprocedure. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material)For purposes hereof, and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) means material that, because of its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard to public health, welfare or the environment. Hazardous Material includes, without limitation, the following: any material or substance defined as defined under a "hazardous substance, pollutant or contaminant" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Actas amended, 42 U.S.C. Sections 9601 et seq., or under pursuant to Section 25316 of the California Health & Safety Code or any applicable state other federal, state, or local LawsLaw; a "hazardous waste" listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos and asbestos containing materials whether or not such materials are part of the Permit Area or are naturally occurring substances in the Permit Area; and any petroleum, (2) including, without limitation, crude oil or any substance fraction thereof, natural gas or matter that results in liability to any person or entity natural gas liquids, provided, the foregoing shall not prohibit Permittee from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmlesstraversing to, from and against across the Permit Area in standard motor vehicles that do not exceed the weight limitations set forth below. The term "release" or "threatened release" when used with respect to Hazardous Material shall include any and all claimsactual or imminent spilling, lossesleaking, costs pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on disposing in, on, under or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the WorkPermit Area.

Hazardous Material. Contractor Tenant shall not cause or permit any Hazardous Material (as defined belowhereinafter defined) to be locatedbrought upon, usedkept or used in or about the Premises by Tenant, incorporated into the Work its agents, employees, contractors or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is availableinvitees, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) without the prior written approval consent of Owner is obtainedLandlord, and (iv) Contractor complies with all Laws and prudent business practices concerning which consent may be granted or withheld in Landlord's sole discretion. For the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Materialpurpose of this Lease, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) include oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any Hazardous Material "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" as such terms are defined under in the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, and in any other law, ordinance, rule, regulation or under order promulgated by the federal or state government, or any applicable state other governmental entity having jurisdiction over the Building or local Lawsthe parties to this Lease. If Tenant breaches the obligations set forth in this paragraph, (2) or if the presence of Hazardous Material in the Premises or at the Building by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any substance and all claims, judgments, damages, penalties, fines, costs, liabilities or matter that results losses, including, without limitation, diminution in liability to value of the Building, damages for the loss or restriction on use of rentable or usable space in or of any person or entity amenity of the Building, damages arising from discharge any adverse impact on leasing space in the Building, sums paid in settlement of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon materialclaims, and (4) any other substance attorneys' fees, consultant fees and expert fees which arise during or matter that becomes subject to after the Term of this Lease as a result of such contamination. This indemnification of Landlord by Tenant shall survive expiration or termination of this Lease and includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by federal, state or local governmental agency order or requirement for removalpolitical subdivision because of Hazardous Material present in, treatment or remedial actionunder the Premises. To Without limiting the extent foregoing, if the presence of any Hazardous Material caused or permitted by Law, and without Tenant results in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion contamination of the WorkBuilding, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Building to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord's approval of such actions shall first be obtained, with approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effects on the Building.

Hazardous Material. Contractor Tenant shall not cause or permit any Hazardous Material (as defined below) to be locatedbrought upon, usedkept or used in or about the Premises or the Project by Tenant, incorporated into its agents, employees, contractors or invitees without the Work express written consent of Landlord. If the presence of Hazardous Material on the Premises or brought onto the Job Site Project caused or permitted by Tenant results in contamination of the Premises or the Project, or if contamination of the Premises or the Project by Hazardous Material otherwise occurs for which Tenant is responsible, Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Project, damages for the loss or restriction of use of rentable or usable space or any amenity of the Project or damages arising from any adverse impact on the marketing of space, and sums paid in settlement of claims, attorney's fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification includes, without limitation, costs incurred in connection with the Work unless (i) absolutely necessary any investigation of on-site conditions or any clean up, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at present in the Job Sitesoil or ground water on or under the Project. Contractor shall be liable for all on and off-site disposal or transport Without limiting the foregoing, if the presence of any Hazardous Material (and on the Project caused or permitted by Tenant results in any contamination of the Project, Tenant shall sign promptly take all actions at its sole expense as are necessary to return the Project to the condition existing prior to the introduction of any manifest for such Hazardous Material to the transport or storage Project, provided that Landlord's approval of such Hazardous Material)action shall first be obtained with respect to actions required by Tenant, and for any discharge, release, injury Landlord's approval not to any person, be unreasonably withheld. The foregoing indemnity shall survive the expiration or injury or damage to any property resulting from use of Hazardous Material in the performance earlier termination of the WorkLease. Contractor shallAs used herein, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" means any element, compound, mixture, solution, particle or substance which presents danger or potential danger for damage or injury to health, welfare or to the environment and shall mean (1) include, but shall not be limited to any Hazardous Material pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined under in or pursuant to: (a) the Resource Conservation and Recovery Act, as amended; (b) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Federal Clean Water Act, as amended; (c) any other chemical, material or substance (i) which is regulated as a "toxic substance" (as defined by the Toxic Substance Control Act, 15 U.S.C. Sec. 2601 et seq., as amended); or (ii) which is a "hazardous waste" (as defined by the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., as amended); or under (iii) which is a "hazardous substance" (as defined by the Comprehensive Environment Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Sec. 9601 et seq., as amended); (d) those substances which are inherently or potentially radioactive, explosive, ignitable, corrosive, reactive, carcinogenic or toxic; (e) those substances which have been recognized as dangerous or potentially dangerous to health, welfare or to the environment by any applicable state federal, state, municipal, county or local Laws, (2) other governmental or quasi-governmental authority and/or any substance department or matter that results in liability to any person agency thereof or entity from discharge which are the subject of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order environmental law, regulation, ordinance, rule or requirement for removalbylaw, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion whether existing as of the Workdate hereof, previously enforced or subsequently enacted, including but not limited to: (i) polychlorinated byphenyls ("PCBs") or "PCB items" (as defined in 40 C.F.R. Sec. 761.3) or any equipment which contains PCBs; (ii) any asbestos or asbestos-containing materials; (iii) stored, leaked or spill petroleum products; or (iv) exposure to which is prohibited, limited or regulated by any federal, state, county, regional, local or other governmental statute, regulation, ordinance or authority of which, even if not so regulated, may or could pose a hazard to the health and safety of the Tenant, Landlord and the occupants of or invitees to the Premises. The term Hazardous Material does not include reasonable amounts of common janitorial/cleaning supplies kept on and/or used in the Premises for cleaning of the Premises.