Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge(A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises or any portion of the Commencement DateBuilding by or on behalf of Tenant, the Premises its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials so Handled shall be free of known as Tenant's Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant PartyMaterials. In furtherance of, and not in limitation of, Notwithstanding the foregoing, Landlord discloses to normal quantities of Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain 's Hazardous Materials customarily used in the basement conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Building contains asbestos-containing materialsPremises without Landlord's prior written consent. Landlord further represents to Tenant thatTenant's Hazardous Material shall be Handled at all times in compliance with the manufacturer's instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of the date of Tenant to indemnify Landlord pursuant to this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleTenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or necessary for Landlord to remove make full economic use of the Premises or remediate (any portion of the Building, which requirements or cause necessity arises from the removal or remediation of) any Handling of Tenant's Hazardous Materials (i) found in upon, about, above or beneath the Building during the performance Premises or any portion of the Landlord’s Work (except to Building. Such actions shall include, but not be limited to, the extent investigation of the responsibility environmental condition of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation or any portion of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot preparation of any feasibility studies or anywhere reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises or any portion of the Building to the condition existing prior to the introduction of Tenant's Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord's written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Property arising out of Premises or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use any portion of the Premises, results in Building. (1C) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contaminationexecute affidavits, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standardsrepresentations, and (iii) the like from time to indemnify, defend time at Landlord's request stating Tenant's best knowledge and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive belief regarding the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal presence of Hazardous Materials irrespective on the Premises. (D) "Environmental Laws" means and includes all now and hereafter existing statutes, laws, ordinances, codes, regulations, rules, rulings, orders, decrees, directives, policies and requirements by any Regulatory Authority regulating, relating to, or imposing liability or standards of whether Tenant has obtained Landlord’s consent thereforconduct concerning public health and safety or the environment.

Hazardous Materials. Landlord represents 32.1 In addition to its other obligations under this Lease, Tenant that covenants to Landlord’s knowledgecomply with all laws relating to Hazardous Materials, as of the Commencement Datedefined below, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced with respect to the Premises and the Building. Tenant shall have the right to use general office supplies typically used in an office area in the ordinary course of business (such as copier toner, liquid paper, glue, ink and cleaning solvents) and items typically used in a comparable telecommunications business, provided that Tenant uses them in the manner for which they were designed and only in accordance with all Hazardous Materials laws and the highest standards prevailing in the industry for such use, and then only in such amounts as may be normal for the office business operations or telecommunications operations conducted by Tenant on the Premises. Except as provided in the preceding sentence, neither Tenant nor any of Tenant’s agents, employees, contractors, subtenants, assignees, licensees, invitees, successors, or representatives (“Tenant’s Parties”) shall use, handle store or dispose of any Tenant Party. In furtherance ofHazardous Materials in, and not in limitation ofon, under or about the Premises, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that Building or the interior of a non-operational boiler site on which shall remain in the basement of the Building contains asbestos-containing materialsis located. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsiblepromptly take all actions, at its sole cost and expense, as are necessary to remove or remediate (or cause return the removal or remediation of) any Hazardous Materials (i) found in the Premises, Building during the performance of the Landlord’s Work (except and site to the extent the responsibility of Tenant as provided below) solely condition existing prior to the extent introduction of any such Hazardous Materials are existing in by Tenant or any Tenant Parties, provided Landlord’s approval of such actions shall first be obtained. Furthermore, Tenant shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant or the Premises in violation of Landlord’s representation set forth in concerning the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose presence of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Material. 32.2 Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) obligations under Section 27.2 to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, includingcertain Claims shall be deemed to include, without limitation, reasonable any and all Claims (as defined in Section 27.2) relating in any way to investigation and clean-up costs, attorneys’ fees, consultant fees and court costs that arise during or after the term of this Lease as a result of the breach of any of the obligations and covenants set forth in this Section 32, or relating in any way to any contamination of the Premises, Building or site directly or indirectly arising from the activities of Tenant or connected with any such contamination, claim of contamination, loss or damageTenant Parties. The provisions of this Section 5.7 Tenant’s obligations under the preceding sentence shall survive the expiration or earlier termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s vacation of the Building. 32.3 For purposes of this Lease, the term “Hazardous Materials” shall mean, collectively, asbestos, any petroleum fuel, and any hazardous or toxic substance, material or waste which is or becomes regulated or defined as hazardous or toxic by any local governmental authority, the State of California or the United States Government, including, but not limited to, any material or substance defined as hazardous or toxic under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901, et seq.; the Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sections 1251, et seq.; the California Hazardous Substance Account Act, California Health and Safety Code Sections 25330, et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Sections 25100, et seq.; the California Safe Drinking Water and Toxic Health Enforcement Act, California Health and Safety Code Sections 25249.5, et seq.; California Health and Safety Code Sections 25280, et seq. No consent (Underground Storage of Hazardous Substances); the California Hazardous Waste Treatment Reform Act, California Health and Safety Code Sections 25179.1, et seq.; California Health and Safety Code Sections 25501, et seq. (Hazardous Materials Release Response Plans and Inventory); Petroleum Underground Storage Tank Cleanup, Health and Safety Code Sections 25299.10, et seq.; and the ▇▇▇▇▇▇-Cologne Water Quality Control Act, California Water Code Sections 13000, et seq., as such laws may be amended from time to time. 32.4 Tenant acknowledges that as of the date of execution of this Lease, certain portions of the Office Building contain asbestos containing materials as described in asbestos reports on file with Landlord. Landlord has been advised that these materials are non-friable and do not represent a health risk. Landlord agrees that the costs of asbestos removal work in the Building shall not be charged to Tenant or approval included in the Building’s Operating Costs for purposes of Landlord shall in any way be construed as imposing upon Landlord any liability calculating Tenant’s obligations for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoingrent escalations under Section 4 above. The terms of this Section 5.7 preceding sentence shall not apply to any transportationcosts for such work necessitated by the acts or omissions of Tenant or Tenant’s Parties (as defined in Section 32.1), handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforincluding but not limited to alteration work undertaken by Tenant.

Hazardous Materials. 16.01 Landlord warrants and represents to Tenant that Tenant, that, to the best of Landlord’s knowledge, as of the Commencement Date's knowledge and after reasonable inquiry, the Premises and Landlord's Improvements will be in compliance with all applicable environmental laws, rules, requirements, orders, directives, ordinances and regulations of the United States of America or any state, city or municipal government or lawful authority having jurisdiction or affecting the Premises (collectively "Environmental Laws") and that none of the insulation materials or any other materials within the Premises are or contain asbestos, or any other known Regulated Material as defined below. Except as set forth in Sections 16.03 and 16.05, Landlord shall, at its expense, take all action necessary to ensure that the Facility complies with all Environmental Laws and that the Facility is, and remains at all times, safe for use and occupancy. 16.02 Except as set forth in Sections 16.03 and 16.05, Landlord shall be free defend, indemnify and save Tenant, its officers, directors, agents and employees, harmless from and against all claims, obligations, demands, actions, proceedings and judgments, loss, damage, liability and expense (including reasonable attorneys' fees and expenses) which any one or more of Hazardous Materials that would violate Requirements except as disclosed pursuant them may sustain in connection with any non-compliance with any environmental condition affecting the Facility resulting from violation of environmental laws which are not caused by or resulting from Tenant's use and occupancy of the Premises or Facility. This indemnity shall not apply to Exhibit EXISTING CONDITIONS Landlord's Mortgagee, successors-in-interest to Mortgagee or anyone acquiring the Premises through Landlord's Mortgagee. 16.03 Tenant shall at Tenant's own cost and Hazardous Materials introduced expense, timely comply with all applicable, rules, requirements, orders, directives, ordinances and regulations arising from Tenant's use and occupancy of the Premises, including but not limited to the Premises by Tenant or any Tenant Party. In furtherance ofEnvironmental Laws, and not in limitation ofshall indemnify, the foregoingdefend, Landlord discloses to Tenantsave and hold harmless Landlord, its directors, officers, agents and Tenant acknowledges such disclosureemployees from and against any and all claims, that the interior of a non-operational boiler which shall remain in the basement demands, losses and liabilities (including reasonable attorneys' fees) resulting from any violation of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as Environmental Laws when caused by or results from Tenant's use and occupancy of the date Premises. 16.04 The provisions of this Article 16 shall survive the expiration or earlier termination of this Lease. A. The following terms and conditions regarding environmental matters and the Premises are included in this Lease: (1) For the purpose of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord phrase "Regulated Materials" shall include, but shall not be responsiblelimited to, at its sole cost those materials or substances defined as "hazardous substances", "hazardous materials", "hazardous waste", "toxic substances", "toxic pollutant" or other similar designations under the Comprehensive Environmental Response, Compensation and expenseLiability Act of 1980, to remove or remediate (or cause as amended, 42 U.S.C. 9601, ET SEQ., the removal or remediation of) any Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, ET SEQ., the Hazardous Materials Transportation Act, 49 U.S. C. 1801, ET SEQ., or regulations promulgated pursuant thereto (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph herein "Environmental Laws"). "Tenant's Regulated Materials" shall mean those Regulated Materials, brought onto, created, stored at, handled, or (ii) introduced to generated at the Premises by Landlord after the Commencement Date and during the Lease Termor on behalf of Tenant, to the extent required by Requirementsits agents, employees, contractors (other than Landlord), subtenants, assignees, suppliers or other invitees. Tenant "Landlord's Regulated Materials" shall not usemean all other "Regulated Materials" including those brought onto, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, keptcreated, stored and disposed of with due care and in conformity with all applicable Requirements. If at, handled or generated at the transportationPremises by Landlord, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, inviteessubtenants, guests or others acting byassignees, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment suppliers or other compliance with applicable Requirements for and with respect to invitees. Also the foregoing. The terms phrase "Governmental Agency or Agencies" means any federal, state, local or foreign government, political subdivision, court, agency or other entity, body, organization or group exercising any executive, legislative, judicial, quasi-judicial, regulatory or administrative function of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforgovernment.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises a. Neither Lessee nor any Carrier shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant cause or permit any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substanceswastes, substances or materials or wastes (collectively collectively, “Hazardous Materials”) into be used, undergenerated, on stored or about the Premisesdisposed of on, under or about, or transported to or from, the Building and/or the Lot except Leased Premises (collectively “Hazardous Materials Activities”) without first receiving Lessor’s written consent, which may be withheld for usual any reason whatsoever or no reason and customary office products such as toner or cleaners which contain Hazardous Materials; providedmay be revoked at any time, that and then only in compliance (iwhich shall be at Lessee’s sole cost and expense) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirementslegal requirements and using all necessary and appropriate precautions. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, Lessee shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend with counsel acceptable to Lessor and hold Landlord Lessor harmless from and against any claims, suits, causes of actiondamages, costs and feesliabilities, including, without limitation, reasonable attorneys’ including court costs and legal fees, arising out of Lessee’s or Carrier’s Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has approved Lessee’s Hazardous Materials Activities. For the purposes of this Lease, Hazardous Materials shall include but not be limited to oil, radioactive materials, PCBs, and substances defined as “hazardous substances” or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; and Resources Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., and those substances defined as “hazardous wastes” in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, Lessee shall, prior to the Commencement Date, submit to Lessor for Lessor’s review and approval, a list of Hazardous Materials Activities, including types and quantities, which list to the extent approved by Lessor shall be attached hereto as Exhibit C. Prior to conducting any other Hazardous Materials Activities, Lessor shall update such list as necessary for continued accuracy. Lessor shall also provide Lessee with a copy of any Hazardous Materials inventory statement required by any applicable legal requirements. If Lessee’s activities violate or create a risk of violation of any legal requirements shall cease such activities immediately upon notice from or connected Lessor. Lessor, Lessor’s representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with any such contamination, claim of contamination, loss or damagejurisdiction. The provisions of this Section 5.7 15 shall survive termination or expiration of the expiration or termination term of this Lease. ▇. No consent ▇▇▇▇▇▇ acknowledges that Lessee’s equipment cabinets shall contain batteries for back-up power and that, provided Lessee’s use of same is in compliance with this provision, the presence of such batteries does not violate this provision if such batteries comply with all laws, regulations and ordinances relating to Hazardous Materials. c. Lessee will immediately notify Lessor and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports, or approval notices relating to the condition of Landlord the Leased Premises or compliance with environmental laws. Lessee shall promptly cure and have dismissed with prejudice any of those actions and proceedings to the satisfaction of Lessor. Lessee will keep the Leased Premises free of any lien imposed pursuant to any environmental laws. ▇. ▇▇▇▇▇▇ shall have the right at all reasonable times and from time to time to conduct environmental audits of the Leased Premises, and Lessee shall cooperate in the conduct of those audits. The audits may be conducted by Lessor or a consultant of Lessor’s choosing, and if any way Hazardous Materials generated, stored, transported or released by Lessee are detected or if a violation of any of the representations or covenants in this Section 15 is discovered, the fees and expenses of such consultant will be borne by Lessee. e. If Lessee fails to comply with any of the foregoing representations and covenants, Lessor may cause the removal (or other cleanup acceptable to Lessor) of any Hazardous Materials from the Leased Premises. The costs of removing Hazardous Materials and any other cleanup (including transportation and storage costs) shall be reimbursed by Lessee promptly after Lessor’s demand and will be additional rent under this Lease. Lessee will give Lessor access to the Leased Premises to remove or otherwise clean up any Hazardous Materials. Lessor, however, has no affirmative obligation to remove or otherwise clean-up any Hazardous Materials, and this Lease will not be construed as imposing upon Landlord creating any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforsuch obligation.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises Contractor shall be free responsible for the proper collection, removal, and disposal of any Hazardous Materials furnished, used, applied, consumed, or stored to or at the Facility Site by any Contractor Party, including used oils, greases, and solvents from flushing and cleaning processes performed in the Work and shall assume generator status for said materials. Contractor shall provide a detailed plan to Owner outlining the handling and disposal of any Hazardous Material that is introduced by any Contractor Party to the Facility Site. The Work, at all times, shall be performed in accordance with applicable Laws. All costs, fines, liabilities, penalties, and other expenses associated with the handling, transporting, and disposing of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced on or to the Premises Facility Site by Tenant any Contractor Party shall be paid by Contractor, without reimbursement by Owner. Contractor shall prepare and submit an application with NJDEP for emergency EPA/NJDEP identification number as required by New Jersey law. Contractor shall use reasonable skill and care to ensure that there will not be Hazardous Material specified or incorporated into the Work; provided that where in the opinion of Contractor this results in a conflict with any Tenant Party. In furtherance ofrelevant statutory requirements or where the Statement of Work would be prejudiced through lack of suitable alternatives, then Contractor shall immediately notify Owner in writing specifying the conflict or prejudice which has arisen and the substance that Contractor wishes to stipulate or use and Contractor shall not stipulate or use the same without, in limitation ofeach case, the foregoingprior written consent of Owner, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materialsnot be unreasonably withheld. Landlord further represents to Tenant thatCONTRACTOR SHALL BE LIABLE FOR AND SHALL INDEMNIFY, as of the date of this LeasePROTECT, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleDEFEND AND HOLD HARMLESS OWNER AND ITS DIRECTORS, at its sole cost and expenseOFFICERS, to remove or remediate EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, SUITS AND CAUSES OF ACTION AND ANY AND ALL LIABILITY, COSTS, EXPENSES, SETTLEMENTS AND JUDGMENTS OF THIRD PARTIES INCURRED IN CONNECTION THEREWITH (or cause the removal or remediation ofINCLUDING COURT COSTS AND ATTORNEY'S FEES INCURRED BY OWNER IF AND ONLY IF CONTRACTOR FAILS TO ADDRESS SUCH CLAIM BY ITS OWN ATTORNEY HAVING RECEIVED NOTICE OF THE CLAIM) any Hazardous Materials ARISING OUT OF THE CIRCUMSTANCES DESCRIBED IN THIS SUBPARAGRAPH (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforb).

Hazardous Materials. Landlord represents to (1) Tenant agrees that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosureits agents contractors, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove licensees or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant invitees shall not use, handle, transportmanufacture, store, store or dispose of any oilflammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, materials petroleum products or wastes derivatives (collectively “"Hazardous Materials”") inon, under, on or about the Premises, the Building and/or the Lot except for usual without Landlord's prior written consent (which consent shall not be unreasonably withheld as long as Tenant demonstrates and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that documents to Landlord's reasonable satisfaction (i) that such cleansersHazardous Materials (A) are necessary or useful to Tenant's business; and (B) will be used AND, office supplies and products are ordinarily and customarily used kept in or about the ordinary course of first-class business offices Premises; and (ii) that Tenant will give all required notices concerning the presence in or on the Premises or the release of such Hazardous Materials from the Premises) provided that Tenant may handle, store, use of dispose of products containing small quantities of Hazardous Materials, which products are of a type customarily found in offices and households (such as aerosol cans containing insecticides, toner for copies, paints, paint remover, and the like and provided further that Tenant shall handle, store, use and dispose of any such Hazardous Materials in a safe and lawful manner and shall not allow such Hazardous Materials to contaminate the Premises or the environment. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, TENANT IN CONNECTION WITH ITS BUSINESS OPERATIONS, MAY HANDLE, STORE OR USE PRODUCTS WHICH MAY BE CONSIDERED HAZARDOUS MATERIAL SUCH AS RUBBING ALCOHOL OR OTHER PRODUCTS RELATED TO DRUG WHOLESALE DISTRIBUTION ON THE PREMISES. (2) Tenant further agrees that Tenant will not permit any substance KNOWN TO TENANT WHICH IS suspected of causing cancer or reproductive toxicity to come into contact with groundwater under the Premises. Any such substance coming into contact with groundwater shall be considered a Hazardous Material for purposes of this Paragraph 9. (i) Notwithstanding the provisions hereinabove Tenant covenants to comply with the use is in strict compliance restrictions shown on the attached Hazardous Materials Exhibit. Tenant's business and operations, and more especially its handling, storage, use and disposal of Hazardous Materials shall at all times comply with all applicable Requirementslaws pertaining to Hazardous Materials. Without limiting Tenant shall secure and abide by all permits necessary for Tenant's operations on the foregoingPremises. Tenant shall give or post all notices required by all applicable laws pertaining to Hazardous Materials. If Tenant shall at any time fail to comply with this Paragraph 9, Tenant shall immediately notify Landlord in writing of such noncompliance. (ii) Tenant shall provide Landlord with copies of any Material Safety Data Sheets (as required by the Occupational Safety and Health Act) relating to any Hazardous Materials in the Premises, and all containers therefor, shall to be used, kept, or stored and disposed of with due care and in conformity with all applicable Requirements. If at or on the transportationPremises, storage, at least thirty (30) days prior to the first use, handlingplacement, or storage of such Hazardous material on the Premises. Landlord shall have ten (10) days following delivery of such Material Safety Data Sheets to approve or forbid, in its sole discretion subject to the limitation contained in Paragraph (9) above, such use, placement, or storage of a Hazardous Material on the Premises. (iii) SUBJECT TO PARAGRAPH 9(1) ABOVE Tenant shall not store any hazardous waste on the Premises for more than 90 days; "hazardous waste" having the meaning given it by the Resource Conservation and Recovery Act of 1976, as amended. Tenant shall not install any underground or above ground storage tanks on the Premises. Tenant shall not dispose of any Hazardous Material in the Premises without the prior written consent of Landlord. (iv) Any increase in the premiums for necessary insurance on the Building which arises from Tenant's use or storage of Hazardous Materials shall be solely at Tenant's expense. Tenant shall procure and maintain at its sole expense such additional insurance as may be necessary to Comply with any requirement of any Federal, State or local governmental agency relating to Tenant's use, storage or disposal of Hazardous Material in or from the Premises. (4) If Landlord, in its sole discretion, believes that the Premises or the environment have become contaminated with Hazardous Materials that must be removed under the laws of the state where the Premises is located, in breach of the provisions of this Lease, Landlord, in addition to its other rights under this Lease, may AFTER NOTICE TO TENANT (EXCEPT IN EMERGENCIES) enter upon the Premises and obtain samples from the Premises, including without limitation the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or soil and groundwater under Tenant, or Tenant’s use of the Premises, results in (1) contamination for the purposes of analyzing the soil, air, surface same to determine whether and to what extent the Premises or ground water or (2) loss, damage or harm to person(s) or property, then the environment have become so contaminated. Tenant agrees (i) to notify shall reimburse Landlord immediately for the costs of any contaminationinspection, claim sampling and analysis that discloses contamination for which Tenant is liable under the terms of contaminationthis Lease. Tenant may not perform any sampling, loss testing, or damagedrilling to locate any Hazardous Materials on the Premises without Landlord's prior written consent. (5) Without limiting the above, (ii) after consultation with and approval by LandlordTenant shall, to clean up all contamination in full compliance with all applicable statutesreimburse, regulations and standardsdefend, and (iii) to indemnify, defend indemnify and hold Landlord harmless from and against any and all claims, suitslosses, causes of actionliabilities, damages, costs and feesexpenses, including without limitation, loss of rental income, loss due to business interruption, and attorneys fees and costs, arising out of or in any way connected with the use, manufacture, storage, or disposal of Hazardous Materials by Tenant, its agents or contractors on, under or about the Premises including, without limitation, reasonable attorneys’ feesthe costs of any required or necessary investigation, arising from repair, cleanup, or connected with detoxification and the preparation of any such contaminationclosure or other required plans in connection therewith, claim of contamination, loss whether voluntary or damagecompelled by governmental authority. The provisions indemnity obligations of this Section 5.7 Tenant herein contained shall survive the expiration or any termination of this Lease. No consent At Landlord's option, Tenant shall perform any required or approval necessary investigation, repair, cleanup or detoxification of the Premises CAUSED BY TENANT'S USE, STORAGE, RELEASE OR DISPOSAL OF HAZARDOUS MATERIALS. In such case, Landlord shall have the right, in any way be construed as imposing upon its sole discretion, to approve all plans, consultants, and cleanup standards. Tenant shall provide Landlord any liability for the meanson a timely basis with (i) copies of all documents, methodsreports, or manner of removal, containment or other compliance and communications with applicable Requirements for governmental authorities; and (ii) notice and an opportunity to attend all meetings with respect regulatory authorities. Tenant shall comply with all notice requirements and Landlord and Tenant agree to cooperate with governmental authorities seeking access to the foregoingPremises for purposes of sampling or inspection. The terms No disturbance of Tenant's use of the Premises resulting from activities conducted pursuant to this Section 5.7 paragraph shall apply constitute an actual or constructive eviction of Tenant from the Premises. (6) Notwithstanding anything set forth in this Lease, Tenant shall only be responsible for contamination of Hazardous Materials or any cleanup resulting directly therefrom, resulting directly from matters occurring or Hazardous Materials deposited BY TENANT (other than by contractors, agents or representatives controlled by Landlord) during the Term, and any other period of time during which Tenant is in actual or constructive occupancy of the Premises. Tenant AND LANDLORD shall take reasonable precautions to prevent the contamination of the Premises with Hazardous Materials by third parties. (7) It shall not be unreasonable for Landlord to withhold its consent to any transportationproposed assignment or sublease if (i) the proposed assignee's or sublessee's anticipated use of the Premises involves the generation, handlingstorage use, storage, use treatment or disposal of Hazardous Materials; (ii) the proposed assignee or sublessee has been required by any prior landlord, lender, or governmental authority to take remedial action in connection with Hazardous Materials irrespective contaminating a property if the contamination resulted from such assignee's or sublessee's actions or use of whether the property in question; or (iii) the proposed assignee or sublessee is subject to an enforcement order issued by any governmental authority in connection with the use, disposal or storage of a Hazardous Material. (8) Any of Tenant's insurance insuring against claims of the type dealt with herein shall be considered primary coverage for claims against the Building arising out of or under this Paragraph 9. (9) In the event of (i) any transfer of Tenant's interest under this Lease, or (ii) the termination of this Lease, by lapse of time or otherwise, Tenant has obtained Landlord’s consent thereforshall be solely responsible for compliance with any and all then effective federal, state or local laws concerning (i) the physical condition of the Premises, or (if) the presence of Hazardous or toxic Materials in or on the Premises (for example, the New Jersey Environmental Cleanup Responsibility Act, the Illinois Responsible Property Transfer Act or similar applicable state laws), including but not limited to any reporting or filing requirements imposed by such laws.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledgeshall not store or use or permit the storage or use within the Premises of any hazardous or toxic waste, as contaminants, oil, radioactive or other materials the removal of which is required or the maintenance of which is prohibited, regulated or penalized by any local, state or federal agency, authority or governmental unit. DHD 2/1/93 STIPS\CRESCENT 2,607 Usable S.F. 389 Prorata Share of Common Area 2,996 Rentable S.F. 1. The sidewalks and public portions of the Commencement DateBuilding, the Premises such as entrances, passages, courts, elevators, vestibules, stairways, corridors or halls, shall not be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises obstructed or encumbered by Tenant or used for any purpose other than ingress and egress to and from the Premises. 2. No curtains, blinds, shades, louvered openings or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises, without the prior written consent of Landlord. 3. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by Tenant Partyon any part of the outside of the Premises or Building or on corridor walls. Signs on entrance door or doors shall conform to Building standard signs, samples of which are on display in Landlord’s rental office. Signs on doors shall, at Tenant’s expense, be inscribed, painted or affixed for each tenant by sign makers approved by Landlord. In furtherance of, and not in limitation of, the foregoingevent of the violation of the foregoing by Tenant, Landlord discloses may remove same without any liability and may charge the expense incurred by such removal to Tenant. 4. The sashes, sash doors, skylights, windows, heating, ventilating and Tenant acknowledges such disclosureair conditioning vents and doors that reflect or admit light and air into the halls, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove passageways or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found other public places in the Building during shall not be covered or obstructed by Tenant, nor shall any bottles, parcels or other articles be placed on the performance window ▇▇▇▇▇. 5. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were constructed, and no sweepings, rubbish, rags or other substances shall be thrown therein. All damages resulting from any misuse of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, fixtures shall be usedborne by Tenant, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant if caused by it or its agents, employees, contractors, licensees or invitees, guests . 6. Tenant shall not in any way deface any part of the Premises or others acting by, through or under Tenantthe Building. Tenant shall lay linoleum, or Tenant’s use other similar floor covering, so that the same shall come in direct contact with the floor of the Premises, results and, if linoleum or other similar floor covering is desired to be used, an interlining of builder’s deadening felt shall be first affixed to the floor by a paste or other material, soluble in water, the use of cement or other similar adhesive material being expressly prohibited. 7. No bicycles, vehicles or animals (1except seeing eye dogs) contamination of any kind shall be brought into or kept in or about the Premises. No cooking shall be done or permitted by Tenant on the Premises except in conformity with law and then only in the utility kitchen, if any, as set forth in Tenant’s layout, which is to be primarily used by Tenant’s employees for heating beverages and light snacks. Tenant shall not cause or permit any unusual or objectionable odors to be produced upon or permeate from the Premises. 8. No space in the Building shall be used for manufacturing or distribution, or for the storage of merchandise or for the sale of merchandise, goods or property of any kind at auction. 9. Tenant shall not make, or permit to be made, any unseemly or disturbing noises or disturb or interfere with occupants of the soilBuilding or neighboring buildings or premises or those having business with them, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately whether by the use of any contaminationmusical instrument, claim radio, talking machine, unmusical noise, whistling, singing, or in any other way. 10. Neither Tenant, nor any of contaminationTenant’s agents, loss employees, contractors, licensees or damageinvitees, (ii) after consultation with and approval shall at any time put up or operate fans or electrical heaters or bring or keep upon the Premises flammable, combustible or explosive fluid, or chemical substance, other than reasonable amounts of cleaning fluids or solvents required in the normal operation of Tenant’s business offices. No offensive gases or liquids will be permitted. 11. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by LandlordTenant, to clean up all contamination nor shall any changes be made in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, includingexisting locks or the mechanism thereof, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or prior written approval of Landlord shall in any way be construed as imposing and unless and until a duplicate key is delivered to Landlord. Tenant shall, upon termination of its tenancy, restore to Landlord any liability for the meansall keys of stores, methodsoffices and toilet rooms, either furnished to, or manner otherwise procured by, Tenant, and in the event of removalthe loss of any keys so furnished, containment Tenant shall pay to Landlord the cost thereof. 12. All moves in or out of the Premises, or the carrying in or out of any safes, freight, furniture or bulky matter of any description, must take place during the hours which Landlord or its agent may determine from time to time. Only the Building freight elevator shall be used for such purposes. Tenant will insure that movers take necessary measures required by Landlord to protect the Building (e.g., windows, carpets, walls, doors and elevator cabs) from damage. Landlord reserves the right to inspect all freight to be brought into the Building and to exclude from the Building all freight which violates any of these Rules and Regulations or the Lease of which these Rules and Regulations are a part. 13. Tenant shall not place any furniture accessories or other compliance with applicable Requirements for and with respect materials on any balconies located within or adjacent to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has Premises without having obtained Landlord’s consent thereforexpress written approval thereof in each instance. 14. Landlord shall have the right to prohibit advertising by, Tenant which in Landlord’s opinion tends to impair the reputation of the Building or its desirability as a building for offices, and upon written notice from Landlord, Tenant shall refrain from or discontinue such advertising. 15. Landlord reserves the right to exclude from the Building at all times, other than business hours, all persons who do not present a pass to the Building signed by Tenant. Tenant shall be responsible for all persons to whom it issues such a pass and shall be liable to Landlord for all acts of such persons. 16. The Premises shall not be used for lodging or sleeping or for any immoral or illegal purpose. 17. The requirements of Tenant will be attended to only upon application at the management office for the Building. Building employees shall not perform any work or do anything outside of their regular duties, unless under special instructions from the office of Landlord. 18. Canvassing, soliciting and peddling in the Building are prohibited, and Tenant shall cooperate to prevent the same. 19. There shall not be used in any space, or in the public halls of the Building, either by Tenant or by its jobbers or others, in the delivery or receipt of merchandise, any hand trucks, except those equipped with rubber tires and side guards. No hand trucks, mail carts or mail bags shall be used in passenger elevators.

Hazardous Materials. Landlord represents Lessor and Lessee acknowledge that Lessee is required to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free handle or otherwise deal with small amounts of Hazardous Materials within the demised premises in the course of its business. Lessee hereby specifically agrees that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS it will abide by all Environmental Laws and Regulations in the handling or otherwise dealing with such Hazardous Materials introduced Materials. In the event that the Lessee's activities with respect to the Premises by Tenant handling or any Tenant Party. In furtherance of, and not otherwise dealing with such hazardous materials result in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement contamination of the Building contains asbestos-containing materials. Landlord further represents to Tenant thatdemised premises, as or the contamination of the date of this Leaseany other property whatsoever, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord then Lessee shall be responsibleindemnify, at its sole cost defend and expensehold Lessor, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials harmless from (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph any and all claims or losses including, without limitation, all cleanup costs and expenses associated therewith and, (ii) introduced to diminution in value of the Premises by Landlord demised premises or any other premises and the restriction of use of rentable space or usable space or any amenity of the demised premises, and (iii) sums paid in settlement of claims, reasonable attorney fees, reasonable consultant fees and reasonable expert fees which arise during or after the Commencement Date Lease term as a result of such contamination provided Lessee has been notified of such claims at the time they are made and during participated in the Lease Termdefense thereof. This indemnification by Lessee includes, to the extent without limitation, costs incurred in connection with any investigation of site conditions, or cleanup, remedial, removable or restoration work required by Requirements. Tenant shall not useany federal, handle, transport, storestate, or dispose local governmental agency or political subdivision because of any oil, hazardous material present in the soil or toxic substances, materials ground water or wastes (collectively “Hazardous Materials”) in, under, on or about under the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners demised premises which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirementsattributable to Lessee under this paragraph. Without limiting the foregoing, if the presence of any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere hazardous materials on the Property arising out of leased premises caused or resulting from the acts or omissions of Tenant permitted by Lessee or its agents, employees, employees contractors, invitees, guests subtenants or others acting by, through or under Tenant, or Tenant’s use of the Premises, assignees results in (1) any contamination of the soildemised premises or any other premises, airLessee shall promptly take all actions, surface at its sole expense, as are necessary to return the demised premises or ground water or (2) loss, damage or harm any other premises to person(s) or property, then Tenant agrees (i) the condition existing prior to notify Landlord immediately the introduction of any contamination, claim such hazardous material; provided that Lessor's approval of contamination, loss 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 damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from short-term effect on the demised premises or connected with any such contamination, claim of contamination, loss or damagethe other involved premises. The provisions of this Section 5.7 foregoing indemnity shall survive the expiration or early termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Landlord represents (a) Lessee shall operate and maintain the ERCOT Transmission Assets and conduct all of its other activities in respect thereof in compliance in all material respects with any Applicable Laws relating to Tenant that to Landlord’s knowledgeair, as of water, land and the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportationgeneration, storage, use, handling, transportation, treatment or disposal of Hazardous Materials Materials. Lessee shall promptly notify Lessor of any such violation and, to the extent Lessee becomes aware of any environmental, health, safety or security matter that requires a corrective action, Lessee shall, in consultation with Lessor, undertake and complete such corrective action. Lessee shall have the Premisesobligation to report any such violations to the appropriate Regulatory Authorities in accordance with Applicable Law and, if practicable, shall give notice thereof to Lessor prior to making such report. (b) Without limiting the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use generality of the Premisesforegoing, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees Lessee shall not (i) to notify Landlord immediately of place or locate any contamination, claim of contamination, loss or damageunderground tanks on the property underlying the ERCOT Transmission Assets, (ii) after consultation with and approval generate, manufacture, transport, produce, use, treat, store, release, dispose of or otherwise deposit Hazardous Materials in or on the ERCOT Transmission Assets, the property underlying the ERCOT Transmission Assets or any portion thereof other than as permitted by LandlordApplicable Laws that govern the same or are applicable thereto, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) permit any other substances, materials or conditions in, on or emanating from the ERCOT Transmission Assets, the property underlying the ERCOT Transmission Assets or any portion thereof which may support a claim or cause of action under any Applicable Law or (iv) undertake any action that would reasonably be expected to indemnifycause an unauthorized release of Hazardous Materials at the property underlying the ERCOT Transmission Assets. (c) Lessee shall periodically, defend at intervals determined in its reasonable discretion in accordance with Good Utility Practice or as required by Applicable Law, at Lessee’s sole expense, conduct inspections of all components of the ERCOT Transmission Assets and hold Landlord harmless the ERCOT Transmission Assets property to ensure compliance with Applicable Laws and with this Section 4.6, and shall promptly notify Lessor of the results of any such inspections. Lessor may, at Lessor’s expense, conduct its own testing at times determined in its reasonable discretion, and after reasonable consultation with Lessee, to ensure Lessee’s compliance with Applicable Laws and with this Section 4.6, provided, however, that Lessor agrees to indemnify Lessee, in accordance with Section 12.2, from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, all Claims arising from or connected with any such contamination, claim of contamination, loss or damagetesting. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.ERCOT TRANSMISSION ASSETS LEASE AGREEMENT

Hazardous Materials. Landlord represents to Neither Tenant that to Landlordnor Tenant’s knowledgeagents shall permit the introduction, as placement, use, storage, manufacture, transportation, release or disposition (collectively “Release”) of any Hazardous Material(s) (defined below) on or about any portion of the Commencement DateProject without the prior written consent of Landlord, which consent may be withheld in the sole and absolute discretion of Landlord without any requirement of reasonableness in the exercise of that discretion. Notwithstanding the immediately preceding sentence to the contrary, Tenant may use de minimis quantities of the types of materials which are technically classified as Hazardous Materials but commonly used in domestic or office use to the extent not in an amount, which, either individually or cumulatively, would be a “reportable quantity” under any applicable Law and such other Hazardous Materials as are commonly used in connection with, and necessary for the operation of, Tenant’s business and which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises shall and which Landlord consents in writing may be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to brought onto the Premises by Premises, provided in each case such use is in compliance with all applicable Laws. Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant covenants that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, Tenant will comply, and cause its agents, employees, contractors, sublessees, licensees and invitees to remove comply, with all applicable Laws with respect to the Release by Tenant, its agents, employees, contractors, sublessees, licensees or remediate (or cause invitees of such permitted Hazardous Materials. Any Release beyond the removal or scope allowed in this paragraph shall be subject to Landlord’s prior consent, which may be withheld in Landlord’s sole and absolute discretion, and shall require an amendment to the Lease in the event Landlord does consent which shall set forth the materials, scope of use, indemnification and any other matter required by Landlord in Landlord’s sole and absolute discretion. Tenant shall indemnify, defend and hold Landlord and Landlord’s agents, members and lenders harmless from and against any and all claims, losses, damages, liabilities, actions, causes of action, clean up and remediation of) any costs, penalties, liens, costs and/or expenses arising in connection with the Release of Hazardous Materials (i) found in violation of Hazardous Materials Laws by Tenant, Tenant’s agents or any other person using the Premises with Tenant’s knowledge and consent or authorization. Tenant’s obligation to defend, hold harmless and indemnify pursuant to this Paragraph 6.4 shall survive Lease Termination. The foregoing indemnity shall not apply to, and Tenant shall not be responsible for, the presence of Hazardous Materials on, under, or about the Premises, Building during the performance of the Landlord’s Work (except or Common Area to the extent the responsibility of caused by any third parties (i.e. persons or entities other than Tenant as provided belowor its agents, employees, affiliates, contractors, subcontractors, sublessees, licensees, invitees, and other representatives) solely or by Landlord or Landlord’s employees, agents or contractors unless and to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises exacerbated by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its any of Tenant’s agents, employees, affiliates, contractors, invitees, guests or others acting bylicensees, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment sublessees or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforrepresentatives.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledgeand warrants that, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior best of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, Landlord's knowledge as of the date of this Lease, there are no CFC-based refrigerants in Lease and as of the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials date of Substantial Completion (i) found in the Building during the performance there does not exist (and will not exist as of the Landlord’s Work (except to the extent the responsibility date of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (iiSubstantial Completion) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoingleak, any Hazardous Materials in the Premisesspill, and all containers thereforrelease, shall be useddischarge, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be contained in customary cleaning supplies or in such other supplies (e.g. paint) that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from de minimis amounts of such -- ------- materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Park as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, the Building, Park and/or the Lot Building (excluding all portions thereof leased or anywhere leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Property arising out of Premises or resulting from in the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with Park and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless Tenant and its officers, employees and agents from and against any claims, suitsjudgments, causes damages, penalties, fines, costs, liabilities (including sums paid in settlement of action, costs and fees, including, claims) or loss (including without limitation, limitation reasonable attorneys’ ' fees, arising ) which arise during or after the Term from or connected in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any such contaminationHazardous Materials which arise, claim as a result of contaminationthe negligent acts or gross misconduct of Tenant, loss its officers, employees, agents, contractors or damagelicensees. The provisions of covenants and indemnifications set forth in this Section 5.7 5.1.8 shall survive the expiration or earlier termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.;

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant not cause or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) permit any Hazardous Materials (i) found to be brought upon, kept or used in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premisesleased premises without the prior written consent of Landlord, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Building and/or leased premises. If Tenant breaches the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used obligations stated in the ordinary course of first-class business offices and (ii) any such use preceding sentence, or if Tenant is in strict compliance with all applicable Requirements. Without limiting the foregoingpermitted by Landlord to use, any keep or store Hazardous Materials in the Premisesleased premises, and all containers therefor, Tenant shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from any and against any all claims, suitsjudgments, causes of actiondamages, costs and feespenalties, fines, costs, liabilities or losses (including, without limitation, reasonable diminution in value of the Property, damages for the loss or restriction on use of space in the Property, and sums paid in settlement of claims, attorneys’ ' fees, arising from consultant fees and expert fees) which arise during or connected with after the lease term as a result of such contamination. Without limiting the foregoing, if the presence of any Hazardous Materials on the leased premises caused or permitted by Tenant results in any contamination of the leased premises or the Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the leased premises and the Property to the condition existing prior to the introduction of any such contamination, claim Hazardous Materials; provided that Landlord's approval of contamination, loss or damagesuch actions shall first be obtained. The provisions of this Section 5.7 foregoing indemnity shall survive the expiration or earlier termination of this Lease. No consent As used herein, the term "Hazardous Materials" means any hazardous or approval of Landlord shall in toxic substance, material or waste, as defined by the Federal Resource Conservation and Recovery Act, and any way other federal, state or local laws as they presently exist and as they may be construed as imposing upon Landlord any liability for the means, methods, amended or manner of removal, containment or other compliance with applicable Requirements for and with respect supplemented from time to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefortime.

Hazardous Materials. Landlord represents 31.1 In addition to its other obligations under this Lease, Tenant that covenants to Landlord’s knowledgecomply with all laws relating to Hazardous Materials, as of the Commencement Datedefined below, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced with respect to the Premises and the Building. Tenant shall have the right to use general office supplies typically used in an office area in the ordinary course of business (such as copier toner, liquid paper, glue, ink and cleaning solvents) and items typically used in a comparable telecommunications business, provided that Tenant uses them in the manner for which they were designed and only in accordance with all applicable laws and regulations and the standards prevailing in the industry for such use, and then only in such amounts as may be normal for the office business operations or telecommunications operations conducted by Tenant on the Premises. Except as provided in the preceding sentence, neither Tenant nor any of Tenant’s agents, employees, contractors, subtenants, assignees, licensees, invitees, successors, or representatives (“Tenant’s Parties”) shall use, handle store or dispose of any Tenant Party. In furtherance ofHazardous Materials in, and not in limitation ofon, under or about the Premises, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that Building or the interior of a non-operational boiler site on which shall remain in the basement of the Building contains asbestos-containing materialsis located. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsiblepromptly take all actions, at its sole cost and expense, as are necessary to remove or remediate (or cause return the removal or remediation of) any Hazardous Materials (i) found in the Premises, Building during the performance of the Landlord’s Work (except and site to the extent the responsibility of Tenant as provided below) solely condition existing prior to the extent introduction of any such Hazardous Materials are existing in by Tenant or any Tenant Parties, provided Landlord’s approval of such actions shall first be obtained. Furthermore, Tenant shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant or the Premises in violation of Landlord’s representation set forth in concerning the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose presence of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Material. 31.2 Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) obligations under Section 26.2 to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, includingcertain Claims shall be deemed to include, without limitation, reasonable attorneys’ feesany and all Claims (as defined in Section 26.2) relating in any way to investigation and clean-up costs, legal costs, professional charges and consultant fees that arise during or after the term of this Lease as a result of the breach of any of the obligations and covenants set forth in this Section 31, or relating in any way to any contamination of the Premises, Building or site directly or indirectly arising from the activities of Tenant or connected with any such contamination, claim of contamination, loss or damageTenant Parties. The provisions of this Section 5.7 Tenant’s obligations under the preceding sentence shall survive the expiration or earlier termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s vacation of the Building. Tenant’s obligations under this Section 31 shall not include responsibility for conditions in existence prior to the commencement of this Lease. 31.3 For purposes of this Lease, the term “Hazardous Materials” shall mean, collectively, asbestos, any petroleum fuel, and any hazardous or toxic substance, arms or ammunition, gun powder, salt-▇▇▇▇▇, petroleum, liquefied petroleum gas, butane gas, kerosene, other explosive or dangerous hazardous or prohibited goods within the meaning of the Dangerous Goods Ordinance (Cap.295) and the regulations made thereunder or any statutory modification or re-enactment which from time to time in force. No consent Notwithstanding the foregoing, fuel for Tenant’s backup power generators (whether petroleum, liquefied petroleum gas or approval of Landlord otherwise) shall in any way not be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforMaterials.

Hazardous Materials. The Tenant shall not store, introduce or otherwise permit any material known to be hazardous within the Premises. Any material within the Premises which is determined to be hazardous shall be removed and properly disposed of by the Tenant at the Tenant's sole expense. EXHIBIT C Landlord's Work --------------- Landlord represents at Landlord's expense shall: . Deliver the Premises demised and secure in broom clean condition and ready for tenant construction. . Remove HVAC vents and replace and waterproof .sections of roof, if necessary . Provide/Certify a minimum of 125 lbs. per square foot floor loading to the demised . Comply with ADA and local building life safety codes throughout the Lease term . Provide main sprinkler loop to the premises. Tenant, at Tenant's expense, will provide a pre-action valve system. . Scrape, patch and level the floor (if necessary) . Provide tie-ins to Building life and fire safety system(s) . Provide 1200 amp service to Tenant that Premises. . Provide any electrical and utility metering equipment . Provide right for either an interior or exterior pad space (10 X 10)for tenant's gas emergency generator and day tank and access to same from designated platform. . Provide access way for an electrical conduit from generator to Tenant's ATS switch located at the Tenants service breaker as designated by the Landlord. . Provide the right and access to install horizontal & vertical conduit for fiber optics, subject to Landlord’s knowledge's approval, which shall not be unreasonably withheld. . Black pipe gas lines running through Premises to be removed, and if needed, rerouted. EXHIBIT D --------- BUILDING HOLIDAYS BUILDING CLOSED ON: *NEW YEAR'S DAY* *MEMORIAL DAY* *INDEPENDENCE DAY* *LABOR DAY* *THANKSGIVING DAY* *CHRISTMAS DAY* EXHIBIT E TENANT ESTOPPEL CERTIFICATE TO: ___________________________("___________") pursuant to that certain________ Agreement (the "Agreement") dated ___________, 199_, by and between _________and ________________________________ (" Lessor"). 1. The undersigned (" Lessee") is the lessee under that certain Lease dated _________, 19_, by and between __________________________________________, as lessor, and _______________________________________, as lessee (the "Lease"), covering a portion of those certain premises commonly known and designated as _______________________________________________, Pennsylvania, consisting of approximately _______________ square feet (the "Premises"). A true, complete and correct copy of the Commencement DateLease is attached hereto as Exhibit "A". 2. The Lease has not been modified, changed, altered or amended in any respect (except as indicated following this sentence) and is the only lease or agreement between the undersigned and the Lessor affecting the Premises. If none, state "none". _______________________________________________________________________________ _______________________________________________________________________________ 3. The undersigned has made no agreements with Lessor or its agents or employees, which are not described in the Lease concerning free rent, partial rent, rebate of rental payments or any other type of rental concession with respect to the Lease (except as indicated following this sentence). If none, state "none". _______________________________________________________________________________ _______________________________________________________________________________ 4. The undersigned accepted possession of the Premises shall be free on _________,19__, currently occupies the Premises and has been open for business since _________, 19__. The current term of Hazardous Materials that would violate Requirements except as disclosed the Lease began on _________,19__. The current term of the Lease will expire on _________, 19__, and Lessee has no present right to cancel or terminate the Lease under the terms thereof, or otherwise. No rent payable pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance ofLease has been prepaid for more than two (2) months, and not no monies otherwise payable to Lessor under the Lease have been paid in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement advance of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, due date therefor as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced Lease. The fixed minimum rent currently being paid under the Lease is $__________ per month. Future changes to the fixed minimum rental are as set forth in the Lease. The undersigned also pays amounts for percentage rent, insurance and property tax escalations based upon the square footage of the Premises by Landlord after the Commencement Date and during the Lease Term, subject to the extent required by Requirements. Tenant shall not useLease, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used set forth in the ordinary course of first-class business offices Lease, which amounts have been paid to and (ii) any such use including _______________, 199__. 5. The Lease is fully valid and enforceable and is currently in full force and effect. Neither Lessor or Lessee is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premisesdefault thereunder, and all containers therefor, shall be used, kept, stored conditions and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere obligations on the Property arising out part of or resulting from Lessor to be fulfilled under the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use terms of the Premises, results in (1) contamination of the soil, air, surface Lease have been satisfied or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, fully performed including, without limitation, reasonable attorneys’ feesall required tenant improvements, arising from allowances, alterations, installations and construction, and payment therefor has been made in full. Lessee has no offset, claim, defense or connected with counterclaim against any such contamination, claim rent or other sum payable by Lessee under the Lease or against any other obligation of contamination, loss or damage. The provisions of this Section 5.7 shall survive Lessee under the expiration or termination of this Lease. No consent condition exists which with the giving of notice or approval the passage of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methodstime, or manner both, would constitute a default under the Lease. 6. Lessee has not suffered any assignment of removalthe Lease or sublet the Premises or any portion thereof, containment and no person or entity, other compliance than Lessee, has any possessory interest in the Premises or right to occupy the Premises or any portion thereof, except as permitted under the Lease. 7. Lessee claims no right, title or interest in or to the Premises or right to possession of the Premises, except as lessee under the terms of the Lease. The Lease does not contain and the undersigned does not have any outstanding options or rights of first refusal to purchase the Premises or any portion thereof or the real property of which the Premises are a part, except as otherwise set forth below. If none, state "none". _______________________________________________________________________________ _______________________________________________________________________________ 8. No actions, whether voluntary or otherwise, are pending against the undersigned under the bankruptcy laws of the United States or any state thereof, and Lessee knows of no fact or pending or threatened claim or litigation that might result in the insolvency or bankruptcy of Lessee. 9. Lessee is a [corporation][limited partnership][general partnership]duly organized and validly existing and in good standing under the laws of the State of _____________ [and qualified to do business in the State where the Premises is located]. [________, a ________, owns and holds all of the issued and outstanding stock in and of Lessee, and is a separate and distinct entity from Lessee]. 10. Lessee's occupancy of the Premises complies fully with applicable Requirements for all local, state and federal laws, ordinances, codes, rules, regulations and orders including, without limitation, those concerning hazardous wastes, hazardous materials, asbestos, oil and underground storage tanks. In addition, no such hazardous wastes, hazardous materials, asbestos, oil or underground storage tanks have been or are incorporated in, stored on or under, released from, treated on, transported to or from or disposed of, on or from the Premises or any portion thereof. 11. All inspections, licenses, permits, consents, permissions, approvals and certificates required, whether by law, regulation or insurance standards, to be made or issued with respect to the foregoingconduct of Lessee's business, the Premises and the use and occupancy of the Premises by Lessee have been made by or issued by all necessary private parties, the appropriate governmental or quasi-governmental authorities or other authorities having jurisdiction over the Premises and/or Lessee's business, are in full force and effect, and Lessee has not received notification from any such authority that Lessee or the Premises is in material noncompliance with such laws, regulations or standards, that the Premises is being used, operated or occupied unlawfully or that Lessee has failed to obtain such inspections, permits, consents, permissions, approvals, licenses or certificates, as the case may be. The terms Lessee has not received notice of any violation or failure to conform with any such law, ordinance, regulation, standard, license, permit, consent, permission, approval or certificate. 12. All insurance' policies required to be maintained by Lessee under the Lease have been maintained, are in full force and effect and all premiums with respect thereto have been paid in full. 13. Upon receipt of notice of the closing of the purchase and sale of the Premises as set forth in the Agreement, Lessee shall _____ recognize as lessor under the Lease, and all payments of rent and other sums due to Lessor under the Lease and all communications permitted or required under the Lease shall be directed to _____ c/o_______________________________________, and all communications permitted or required under the Lease shall be directed to Lessee at the address for Lessee set forth in the Lease (except as otherwise indicated following this sentence), unless and until otherwise specified in written notice by the party to whom notice is to be given at such address. If none, state "none". 14. This certification is made to induce __________ [to enter into the Agreement][to provide financing to Lessor]knowing that ____________ is relying upon the truth of this Section 5.7 shall apply Tenant Estoppel Certificate in [entering into the Agreement,]providing such financing]and that [the acquisition of the Premises by ____________ pursuant to any transportationthe Agreement][the financing provided to Lessor]shall be deemed good and valuable consideration to Lessee for the foregoing representations made by Lessee. Dated this _____ day of __________, handling199_. LESSEE: _________________________________, storagea________________________________ BY:______________________________ Name:_________________________ Title:________________________ EXHIBIT F CLEANING SPECIFICATIONS LOBBY AND ENTRANCE AREAS ------------------------ Daily Cleaning Services ---------------------- 1. Dust and damp mop all lobby and entrance foyers to insure dust free floors with specific attention to hard-to-reach areas. 2. All ashtrays will be emptied, use or disposal washed and dried. 3. All waste and trash cans will be empties. All waste and trash cans will be washed as needed. 4. All telephones will be sanitized. 5. Vacuum all carpeted areas. 6. Dust and wipe clean all desks and chairs. 7. Wipe, clean and polish all stainless steel and other metal work. 8. Clean all entrance doors. 9. All floors to be swept with chemically treated cloths, spot mopped and spray buffed. 10. Dust and/or wash clean all directory boards and display glass. 11. All lights will be turned off, and specified doors locked at the completion of Hazardous Materials irrespective cleaning. Weekly Cleaning Services ----------------------- 1. Dust and clean all paneling, door trim and other architectural louvres, ornamental work, grills, picture frames, thermostats, boards, entire doors and woodwork. 2. Vacuum all upholstered furniture and wall surfaces. 3. Complete high dusting of whether Tenant has obtained Landlord’s consent thereforpictures, frames, etc. 4. Spot clean all carpeted areas. 5. Spot clean wall surfaces. Quarterly Cleaning Service -------------------------- 1. Scrub and refinish floor areas. Yearly Cleaning Services ------------------------ 1. Strip and refinish all floor areas. GENERAL OFFICE AREAS -------------------- Daily Cleaning Services ----------------------- 1. All ashtrays will be empties, washed and dried. 2. All waste and trash cans will be emptied. All waste and trash cans will be washed as needed. 3. All telephones will be cleaned and sanitized. 4. All water fountains to be sanitized and polished. 5. Dust desk tops. 6. Spot clean all wall surfaces and columns. 7. Vacuum all carpeted areas; moving light furniture other than desks, file cabinets, etc. 8. Dust and spot mop all resilient tile floor areas. All floor edges will be damp mopped. 9. All glass partitions will be spot cleaned. Weekly Cleaning Services ------------------------ 1. Dust and clean all paneling, door time, ornamental work, grills, picture frames, ventilating louvres, baseboards and entire doors. 2. Dust and wipe clean all furniture, fixtures, shelving, cabinets, window ▇▇▇▇▇, picture frames, bases of all chairs and desk tops with clean cloths. 3. Wipe clean metal door knobs, light switch plates, mirrors, kick plates, door saddles and directional signs. Monthly Cleaning Services ------------------------- 1. Complete all high dusting. 2. Dust and wipe clean all diffusers and ventilators. 3. Damp mop and spray buff all resilient floor areas. Bi-Yearly Cleaning Services --------------------------- 1. Dust blinds. Yearly Cleaning Services ------------------------ 1. Strip and refinish all resilient tile floor areas. RESTROOMS --------- Daily Cleaning Services -----------------------

Hazardous Materials. Landlord represents Tenant covenants and agrees that it shall not cause or permit any Hazardous Material (as defined below) to Tenant that to Landlord’s knowledgebe brought upon, as of the Commencement Datekept, or used in or about the Premises or Building by Tenant, its agents, employees, contractors or licensees. The foregoing covenant shall be free not extend to substances typically found or used in general office applications so long as (i) such substances and any equipment which generates such substances are maintained only in such quantities as are reasonably necessary for Tenant’s operations in the Premises, (ii) such substances are used strictly in accordance with the manufacturers’ instructions therefor, (iii) such substances are not disposed of in or about the Building in a manner which would constitute a release or discharge thereof, and (iv) all such substances and any equipment which generates such substances are removed from the Building by Tenant upon the expiration or earlier termination of this Lease. Any use, storage, generation, disposal, release or discharge by Tenant of Hazardous Materials that would violate Requirements except in or about the Building as disclosed is permitted pursuant to Exhibit EXISTING CONDITIONS this Article 30 shall be carried out in compliance with all applicable Laws. Upon any violation of the foregoing covenants, Tenant shall be obligated, at Tenant’s sole cost, to clean-up and remove from the Building all Hazardous Materials introduced to into the Premises Building by Tenant or any Tenant Party. In furtherance ofTenant’s employees, agents, contractors, licensees, subtenants, assigns, and vendors. Such clean-up and removal shall include all testing and investigation required by any governmental authorities having jurisdiction and preparation and implementation of any remedial action plan required by any governmental authorities having jurisdiction. All such clean-up and removal activities of Tenant shall, in each instance, be conducted to the satisfaction of Landlord and all governmental authorities having jurisdiction. Landlord’s right of entry pursuant to Article 10 above shall include the right to enter and inspect the Premises for violations of Tenant’s covenants herein. Tenant shall indemnify, defend and hold harmless Landlord and the Landlord Parties from and against any and all claims, liabilities, losses, actions, costs and expenses (including reasonable attorneys’ fees and costs of defense) incurred by such indemnified persons, or any of them, as the result of (i) the introduction into or about the Building by Tenant, or any of Tenant’s employees, agents, contractors, licensees, subtenants, assigns, and vendors, of any Hazardous Materials, (ii) the usage, storage, maintenance, generation, disposition or disposal by Tenant, or any of Tenant’s employees, agents, contractors, licensees, subtenants, assigns, and vendors, of Hazardous Materials in or about the Building, (iii) the discharge or release in or about the Building by Tenant, or any of Tenant’s employees, agents, contractors, licensees, subtenants, assigns, and vendors, of any Hazardous Materials, (iv) any injury to or death of persons or damage to or destruction of property resulting from the use, introduction, maintenance, storage, generation. disposal, disposition, release or discharge by Tenant, or any of Tenant’s employees, agents, contractors, licensees, subtenants, assigns, and vendors, of Hazardous Materials in or about the Building, and (v) any failure of Tenant, or any of Tenant’s employees, agents, contractors, licensees, subtenants, assigns, and vendors, to observe the foregoing covenants of this Article. Upon any violation of the foregoing covenants, Landlord shall be entitled to exercise all remedies available to a landlord against a defaulting tenant, including but not limited to those set forth in limitation of, Article 19 above. Without limiting the generality of the foregoing, Tenant expressly agrees that upon any such violation Landlord discloses may, at its option, (i) immediately terminate this Lease or (ii) continue this Lease in effect until compliance by Tenant with its clean-up and removal covenant notwithstanding any earlier expiration date of the Term of this Lease. No action by Landlord hereunder shall impair the obligations of Tenant pursuant to this Article. Landlord covenants and agrees that it shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Premises or the Building by Landlord or its agents, employees or contractors in violation of applicable Law. Landlord shall be responsible for removing any Hazardous Material brought upon, kept, or used in or about the Premises or the Building by Landlord or its agents, employees or contractors in violation of applicable Law, at no additional cost to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant thatTo Landlord’s actual knowledge, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforLaws.

Hazardous Materials. Landlord represents to 38.1 Tenant hereby represents, warrants and covenants that to Landlord’s knowledgeit shall not install, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant cause or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) permit any Hazardous Materials (i) found to be placed or stored in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in or about the Premises or the Licensed Space in violation of Landlord’s representation set forth in the first sentence of this paragraph any applicable environmental or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by other Legal Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) nothing herein shall prevent Tenant’s use of such cleansers, office supplies and products are ordinarily and reasonable amounts of Hazardous Materials customarily used in the ordinary course of first-class operation of Tenant’s business offices and (ii) any in the Premises in accordance with this Lease if such use is for such ordinary course of such operation or in connection with Alterations provided that, in either case, such use is in strict compliance accordance with all Legal Requirements applicable Requirements. Without limiting to the foregoing, Building or the Premises or any Hazardous Materials in the Premisespart thereof, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use observance of all provisions of this Lease. For the Premisesavoidance of doubt, results in (1) contamination Tenant shall promptly notify the Landlord’s Director of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees Facilities if: (i) Tenant intends to notify Landlord immediately change how it currently stores any Hazardous Material such that additional modifications or special treatment (including, without limitation, the installation of any contamination, claim sprinklers or secondary containment) will be required at that portion of contamination, loss the Premises or damagethe Licensed Space at which the Hazardous Material is present, (ii) after consultation with and approval Tenant intends to change any laboratory or pilot line equipment such that an environmental permit review by Landlordthe Pennsylvania Department of Environmental Protection will be reasonably required, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and or (iii) there are any new instances of generating or storing any Hazardous Material; provided, however, that the foregoing shall not apply to indemnify, defend small amounts of Hazardous Materials customarily used by Tenant in a laboratory and in accordance with all Legal Requirements applicable to the Building or the Premises or any part thereof. Tenant shall indemnify and hold Landlord harmless from and against any claims, suitsdemands, causes losses, liabilities, penalties and damages arising out of, or in any way connected with the installation, placement, storage or release of actionHazardous Materials used or installed by Tenant, costs Tenant’s employees, contractors or agents upon the Premises or the Licensed Space in violation of the terms of this Lease. If Tenant, or its employees, contractors or agents install, use, store or place Hazardous Materials in the Premises or the Licensed Space, Tenant shall be obligated to remove and feesdispose of said Hazardous Materials in compliance with all Legal Requirements. This covenant shall survive the expiration or earlier termination of this Lease. 38.2 As used herein, the term “Hazardous Materials” shall be any petroleum product, asbestos product, or any other material, substance or waste that is now, or hereafter during the Term, recognized as being hazardous or dangerous to health or the environment by any federal, state or local agency having jurisdiction over the Building (including, without limitation, reasonable attorneys’ feesany material, arising from substance or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed waste that has been classified as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforhazardous under 29 CFR § 1910.1200).

Hazardous Materials. Prior to executing this Lease, Tenant has completed, executed and delivered to Landlord Tenant’s Hazardous Materials Disclosure Certificate (the “Haz Mat Certificate”), a copy of which is attached hereto as Exhibit H and incorporated herein by this reference. Tenant covenants, represents and warrants to Tenant Landlord that to Landlord’s knowledge, as of the Commencement Date, information on the Premises shall be free Haz Mat Certificate is true and correct and accurately describes the use(s) of Hazardous Materials that would violate Requirements except as disclosed pursuant which will be made and/or used on the Premises by Tenant. Tenant shall (a) endeavor to Exhibit EXISTING CONDITIONS complete, execute, and deliver to Landlord, an updated Haz Mat Certificate describing any additional Hazardous Materials introduced to be used on the Premises by Tenant that is not described on the latest Haz Mat Certificate then in effect, and any other reasonably necessary documents as requested by Landlord, if Tenant’s use of Hazardous Materials materially changes at any time during the Term, and (b) deliver an updated Haz Mat Certificate and any accompanying documents as aforesaid within ten (10) business days following Landlord’s request therefor (to be made not more than once per calendar year unless required by Landlord’s lender or any Tenant Partyprospective purchaser of the Project or upon a release or suspected release of Hazardous Materials by Tenant). In furtherance of, and not The Haz Mat Certificate required hereunder shall be in limitation of, substantially the form as that which is attached hereto as Exhibit H. Notwithstanding the foregoing, Landlord discloses for the avoidance of doubt, Tenant shall be entitled to use Hazardous Materials on the Premises as are typically used in Tenant’s operations without first obtaining the prior written consent of the Landlord, provided such use, and Tenant acknowledges the handling, storage, transit and disposal of such disclosureHazardous Materials, complies with Legal Requirements. In no event, however, shall Landlord be required to consent to the installation or use of any storage tanks on the Project, except that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord locations thereof shall be responsiblein areas agreed upon by Landlord and Tenant. Tenant, at its sole cost and expense, shall remediate in a manner satisfactory to remove or remediate (or cause the removal or remediation of) Landlord any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, released on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.from

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not usecause nor permit, handle, transport, store, nor allow any Tenant Party to cause or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoingpermit, any Hazardous Materials in the Premisesto be brought upon, and all containers thereforstored, shall be usedmanufactured, keptgenerated, stored and blended, handled, recycled, treated, disposed of with due care and in conformity with all applicable Requirements. If the transportationor used on, storage, use, handling, under or disposal of Hazardous Materials in about the Premises, the Building, the Lot Common Area or anywhere the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant's Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Property arising out Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or resulting from the acts or omissions of exacerbated by Tenant or its agentsany Tenant Party or arising during Tenant's or any Tenant Party's occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase "environmental condition" shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord's election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord's performing such work, based upon Landlord's reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord's affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use along with the successors and assigns of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damageforegoing, (iiindividually and collectively, "Indemnitees") after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claimsand all Claims arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party's breach of this Article 51 or (b) the presence of Hazardous Materials on, suitsunder or about the Premises or other property as a result (directly or indirectly) of Tenant's and/or any Tenant Party's activities, causes of actionor failure to act, costs and fees, includingin connection with the Premises. This indemnity shall include, without limitation, reasonable attorneys’ feesthe cost of any required or necessary repair, arising from cleanup or connected with detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such contamination, claim of contamination, loss action is required or damage. The provisions necessary prior to or following the termination of this Section 5.7 Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant's obligation of indemnification pursuant hereto. Tenant's obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Landlord represents to Neither Tenant that to Landlordnor Tenant’s knowledgeagents shall permit the introduction, as placement, use, storage, manufacture, transportation, release or disposition (collectively “Release”) of any Hazardous Material(s) (defined below) on or about any portion of the Commencement DateProject without the prior written consent of Landlord, which consent may be withheld in the sole and absolute discretion of Landlord without any requirement of reasonableness in the exercise of that discretion. Notwithstanding the immediately preceding sentence to the contrary, Tenant may use (a) de minimis quantities of the types of materials which are technically classified as Hazardous Materials but commonly used in domestic or office use to the extent not in an amount, which, either individually or cumulatively, would be a “reportable quantity” under any applicable Law, and (b) reasonable quantities of Hazardous Material(s) identified in Exhibit F consistent with the research and development use of the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by described in Paragraph 1.9. Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant covenants that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, Tenant will comply with all applicable Laws with respect to remove the Release by Tenant, its agents, employees, contractors or remediate (invitees of such permitted Hazardous Materials. Any Release beyond the scope allowed in this paragraph shall be subject to Landlord’s prior consent, which may be withheld in Landlord’s sole and absolute discretion, and shall require an amendment to the Lease in the event Landlord does consent which shall set forth the materials, scope of use, indemnification and any other matter required by Landlord in Landlord’s sole and absolute discretion. Tenant shall indemnify, defend and hold Landlord and Landlord’s agents harmless from and against any and all claims, losses, damages, liabilities, or cause expenses arising in connection with the removal or remediation of) any Release of Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of LandlordHazardous Materials Laws by Tenant, Tenant’s representation set forth agents or any other person using the Premises with Tenant’s knowledge and consent or authorization. Tenant’s obligation to defend, hold harmless and indemnify pursuant to this Paragraph 6.4 shall survive Lease Termination. Notwithstanding anything in the first sentence of this paragraph Paragraph 6.4 or (ii) introduced elsewhere in this Lease to the Premises by contrary, Landlord after shall release Tenant from and indemnify, hold harmless, and defend Tenant against any and all third party (i.e., claimants other than Tenant or Tenant’s affiliates) claims, liabilities, causes of action, costs and expenses arising in connection with the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose presence of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) inMaterials on, under, on or about the Premises, Building or Common Area to the Building and/or extent existing as of the Lot except Commencement Date or caused by any third parties or by Landlord or Landlord’s employees, agents, contractors or invitees (collectively, “Hazmat Claims”). Landlord’s indemnification, defense and hold harmless obligations under this Lease shall include and apply to reasonable attorneys’ fees, investigation costs, and other costs actually incurred by Tenant. Hazmat Claims shall not include any claim by Tenant or Tenant’s affiliates for usual its other losses whether direct or consequential. The release and customary office products such as toner covenant to indemnify, hold harmless, and defend provided for in this paragraph shall survive any termination or cleaners which contain Hazardous Materials; providedexpiration of this Lease. Notwithstanding anything to the contrary contained in this Lease, that Landlord hereby represents and warrants to Tenant that, to the best of Landlord’s knowledge, (i) such cleansersthe Premises, office supplies the Building, and products Project are ordinarily and customarily used in the ordinary course of first-class business offices and compliance with all laws regarding Hazardous Materials (“Hazardous Materials Laws”); (ii) any such use is no asbestos-containing materials exist in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in or on the Premises, the Building, or Project; and all containers therefor(iii) any handling, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, storage or disposal use of Hazardous Materials that occurred in the Premises, the Building, or Project prior to the Lot Commencement Date is now in compliance with all Hazardous Materials Laws. Landlord further represents and warrants that, to the best of Landlord’s knowledge, no litigation has been brought or anywhere threatened, nor any settlements reached with any governmental or private party, concerning the actual or alleged presence of Hazardous Materials on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of about the Premises, results in (1) contamination of the soilBuilding, airor Project, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify nor has Landlord immediately received any notice of any contaminationviolation, claim or alleged violation, of contaminationany Hazardous Materials laws, loss pending claims or damagepending investigations with respect to the presence of Hazardous Materials on or about the Premises, (ii) after consultation with Building, or Project. Landlord’s representations and approval by Landlord, to clean up all contamination warranties set forth in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 paragraph shall survive the expiration or termination of this Lease. No consent As used in this Lease, the term “Hazardous Materials” means any chemical, substance, waste or approval material which has been or is hereafter determined by any federal, state or local governmental authority to be capable of posing risk of injury to health or safety, including without limitation, those substances included within the definitions of “hazardous substances,” “hazardous materials,” “toxic substances,” or “solid waste” under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, and the Hazardous Materials Transportation Act, as amended, and in the regulations promulgated pursuant to said laws; those substances defined as “hazardous wastes” in section 25117 of the California Health & Safety Code, or as “hazardous substances” in section 25316 of the California Health & Safety Code, as amended, and in the regulations promulgated pursuant to said laws; those substances listed in the United States Department of Transportation Table (49 CFR 172.101 and amendments thereto) or designated by the Environmental Protection Agency (or any successor agency) as hazardous substances (see, e.g., 40 CFR Part 302 and amendments thereto); such other substances, materials and wastes which are or become regulated or become classified as hazardous or toxic under any Laws, including without limitation the California Health & Safety Code, Division 20, and Title 26 of the California Code of Regulations; and any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a “hazardous substance” pursuant to section 311 of the Clean Water Act of 1977, 33 U.S.C. sections 1251 et seq. (33 U.S.C. § 1321) or listed pursuant to section 307 of the Clean Water Act of 1977 (33 U.S.C. § 1317), as amended; (v) flammable explosives; (vi) radioactive materials; or (vii) radon gas. Landlord shall have the right, upon reasonable advance notice to Tenant (but no less than two (2) business days prior notice, except in the event of an emergency), to inspect, investigate, sample and/or monitor the Premises, the Building and Common Area, including any way be construed as imposing upon Landlord any liability for the meanssoil, methodswater, groundwater, or manner other sampling, to the extent reasonably necessary to determine whether Tenant is complying with the terms of removal, containment or other compliance with applicable Requirements for and this Lease with respect to Hazardous Materials. Unless a previous inspection has disclosed a violation by Tenant of the foregoingcovenants contained in this Paragraph 6.4, such inspections, investigations, sampling and/or monitoring shall be performed not more often than twice per year. The In connection therewith, Tenant shall provide Landlord with reasonable access to all portions of the Premises; provided, however, that Landlord shall (i) provide Tenant no less than two (2) business days prior notice, except in the event of an emergency, and (ii) avoid any unreasonable interference with the operation of Tenant’s business on the Premises. In the event that Tenant is not in compliance with the terms of this Section 5.7 Lease with regard to Hazardous Materials, all costs incurred by Landlord in performing such inspections, investigation, sampling and/or monitoring shall apply be reimbursed by Tenant to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord as Additional Rent within thirty (30) days after Landlord’s consent therefordemand for payment.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge(A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises or any portion of the Commencement DateBuilding by or on behalf of Tenant, the Premises its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, or agents. Any such Hazardous Materials so Handled shall be free of known as Tenant’s Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant PartyMaterials. In furtherance of, and not in limitation of, Notwithstanding the foregoing, Landlord discloses to normal quantities of Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain ’s Hazardous Materials customarily used in the basement conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Building contains asbestos-containing materialsPremises without Landlord’s prior written consent. Landlord further represents to Tenant thatTenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of the date of Tenant to indemnify Landlord pursuant to this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleTenant shall, at its sole cost and expense, to remove promptly take all actions required by any Regulatory Authority, as defined herein, which requirements or remediate (or cause necessity arises from the removal or remediation of) any Handling of Tenant’s Hazardous Materials (i) found in upon, about, above or beneath the Building during the performance Premises or any portion of the Landlord’s Work (except to Building. Such actions shall include, but not be limited to, the extent investigation of the responsibility environmental condition of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation or any portion of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot preparation of any feasibility studies or anywhere reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises or any portion of the Building to the condition existing prior to the introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Property arising out Premises or any portion of or resulting the Building. (C) Tenant agrees to execute affidavits, representations, and the like from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or time to time at Landlord’s request stating Tenant’s use of best current knowledge and belief regarding the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal presence of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforon the Premises.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by RequirementsProhibited. Tenant shall not make all reasonable efforts to 15 comply with all statutes, laws, ordinances, rules, regulations which are enacted and apply to the 16 Leased Premises by any federal, state, local, or other governmental agency with respect to the use, handle17 generation, transport, storestorage, or dispose disposal of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in. Other than for use in connection with 18 Tenant’s business operations, underTenant shall not cause, or allow anyone else to cause, any Hazardous 19 Materials to be used, generated, stored, or disposed of on or about the PremisesLeased Premises without the 20 prior written consent of Landlord, which consent may be revoked at any time. Tenant’s 21 indemnification of Landlord pursuant to this Lease extends to all liability, including all foreseeable 22 and unforeseeable consequential damages, directly or indirectly arising out of the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handlinggeneration, 23 storage, or disposal of Hazardous Materials in at the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Leased Premises by Tenant, or any person 24 claiming under Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ feesthe cost of any required or necessary repair, arising 25 cleanup, or detoxification and the preparation of any closure or other required plans, whether such 26 action is required or necessary prior to or following the termination of this Lease, to the full extent 27 that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of 28 Hazardous Materials by Tenant or any person claiming under Tenant; provided, however, the written 29 consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials shall excuse 30 Tenant from Tenant’s obligation of indemnification. In the event Tenant is in breach of the 31 covenants herein, after notice to Tenant and the expiration of the earlier of: 32 (a) the cure period provided in Section 14.1(b); 33 (b) the cure period permitted under applicable law, regulation, or connected with any such contaminationorder, claim of contamination34 then Landlord may, loss or damagein its sole discretion, declare a default under this Lease and/or cause the Leased 35 Premises to be freed from the Hazardous Material and the cost thereof shall be deemed additional 1 rent hereunder and shall immediately be due and payable from Tenant. The provisions obligations of Tenant 2 under this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Tenant agrees that neither Tenant, nor any other Tenant Party, shall Handle any Hazardous Materials in the Tenant Space or any portion of the Building or the Property, provided that Tenant and any Tenant Party may use and store normal and reasonable quantities of Hazardous Materials in the Tenant Space as are customarily maintained by data center tenants and operators and as may be reasonably necessary for Tenant and any Tenant Party to conduct normal operations in the Tenant Space, taking into account the Permitted Use, so long as such Hazardous Materials are properly, safely and lawfully stored and used by Tenant and/or any Tenant Party. Additionally, Tenant agrees that neither Tenant, nor any other Tenant Party, shall use the Tenant Space in any manner which may directly or indirectly lead to any non-compliance with any Environmental Law. 6.3.2.1 Notwithstanding anything to the contrary contained herein, Landlord represents to Tenant Tenant, to the best of Landlord's Actual Knowledge, that to Landlord’s knowledge, as of there are no Hazardous Materials in or about the Commencement DateProperty, the Premises shall be free removal or remediation of which is required by Applicable Laws. In the event that Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS are discovered in, on and/or under the Property during the Term of this Lease in violation of Applicable Laws, and such Hazardous Materials were not introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses will cause such Hazardous Materials to Tenantbe remediated, and Tenant acknowledges such disclosureencapsulated, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleor otherwise handled, at its Landlord's sole cost and expense, to remove or remediate (or cause within the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date time frames and during the Lease Term, to the extent parameters required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforApplicable Laws.

Hazardous Materials. Landlord represents to Neither Tenant that to Landlord’s knowledgenor Tenant's agents shall ------------------- permit the introduction, as placement, use, storage, manufacture, transportation, release or disposition (collectively "Release") of any Hazardous Material(s) (defined below) on or about any portion of the Commencement DateProject without the prior written consent of Landlord, which consent may be withheld in the Premises shall be free sole and absolute discretion of Landlord without any requirement of reasonableness in the exercise of that discretion. Notwithstanding the immediately preceding sentence to the contrary, Tenant may use de minimis quantities of the types of materials which are technically classified as Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced but commonly used in domestic or office use to the Premises by Tenant or any Tenant Party. In furtherance of, and extent not in limitation ofan amount, the foregoingwhich, Landlord discloses to Tenanteither individually or cumulatively, and would be a "reportable quantity" under any applicable Law. Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant covenants that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance will comply with all applicable Requirements. Without limiting Laws with respect to the foregoingRelease by Tenant, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its it agents, employees, contractorscontractors or invitees of such permitted Hazardous Materials. Any Release beyond the scope allowed in this paragraph shall be subject to Landlord's prior consent, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results which may be withheld in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with Landlord's sole and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standardsabsolute discretion, and (iii) shall require an amendment to the Lease in the event Landlord does consent which shall set forth the materials, scope of use, indemnification and any other matter required by Landlord in Landlord's sole and absolute discretion. Tenant shall indemnify, defend and hold Landlord and Landlord's agents harmless from and against any and all claims, suitslosses, causes of actiondamages, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methodsliabilities, or manner expenses arising in connection with the Release of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal Hazardous Material in violation of Hazardous Materials irrespective Laws by Tenant, Tenant's agents or any other person using the Premises with Tenant's knowledge and consent or authorization (and such persons shall not be considered "third parties" for purposes of whether the following paragraph). Tenant's obligation to defend, hold harmless and indemnify pursuant to this Paragraph 6.4 shall survive Lease Termination. The foregoing indemnity shall not apply to, and Tenant has obtained shall not be responsible for, the presence of Hazardous Materials on, under, or about the premises, Building or Common Area to the extent caused by any third parties or by Landlord or Landlord’s consent therefor's employees, agents, contractors or invitees. Landlord represents to Tenant that, to the actual knowledge of ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, without investigation or inquiry, there exists no Hazardous Materials in, on or under the Premises, Building or Land in violation applicable environmental laws, rules, regulations or ordinances.

Hazardous Materials. Landlord represents to and Tenant that to Landlord’s knowledge, agree as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced follows with respect to the Premises by Tenant existence or any Tenant Party. In furtherance ofuse of “Hazardous Material” in, on or about the Leased Premises, Building, and not in limitation of, the foregoing, Landlord discloses to Project: (a) Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove shall comply with all laws, statutes, ordinances, rules and regulations of any local, state or remediate federal governmental authority having jurisdiction concerning environmental, health and safety matters (collectively, “Environmental Laws”), including, but not limited to, the use of animals or cause laboratory specimens, any discharge into the removal air, surface, water, sewers, soil or remediation of) groundwater of any Hazardous Materials Material (as defined below), whether within or outside the Leased Premises or within the Building or Project. Notwithstanding the foregoing, nothing contained in this Lease requires, or shall be construed to require, Tenant to incur any liability related to or arising from environmental conditions (i) found in for which the Building during the performance of the Landlord’s Work (except Landlord is responsible pursuant to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence terms of this paragraph Lease, or (ii) introduced to which existed within the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Leased Premises, the Building or Project prior to the date Tenant takes possession of, or enters, the Leased Premises, provided, however, that if any such environmental condition was exacerbated by Tenant (or Tenant’s contractors, subcontractors, agents, subtenants, assigns, etc.), the cost (and any delays resulting therefrom) of the liability therefor and any such removal or remediation shall be equitably borne by Landlord and Tenant based upon the degree to which Tenant’s (or such other Tenant parties’) actions have increased the cost of such removal or remediation. Tenant shall comply with all applicable Requirements (including applicable building code requirements and Landlord’s reasonable quantity limitations to provide for multiple tenant use and compliance applicable to the Building area and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materialsso-called “control area” therein; provided, however, that Tenant shall (iI) such cleansersso long as Tenant continues to lease the entirety of the fifth (5th) floor, office supplies have the right to use one hundred percent (100%) of the available quantities with respect to the two (2) control areas on the fifth (5th) floor; (II) not have the right to use any of the available quantities of any control areas on the sixth (6th) floor; and products (III) only be permitted to use its allocated proportionate share of permitted storage of Hazardous Materials in the chemical storage areas on the first (1st) floor of the Building. Tenant is required to adhere to and comply with the allowable quantities of Hazardous Materials that are ordinarily and customarily allocated to them by the Landlord’s flammable matrix, from time to time. Landlord consents to Tenant’s use of the Hazardous Materials in the quantities listed in Exhibit H. In the event that Tenant requests Landlord’s consent to revise ▇▇ ▇▇▇▇▇y Exhibit H, Landlord shall respond within ten (10) Business Days after Tenant’s request for consent, which consent shall not be unreasonably withheld, conditioned or delayed. (b) Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the ordinary course Leased Premises or otherwise in, on or at the Building or Project by Tenant, its agents, employees, contractors or invitees, without the prior written consent of first-class business offices Landlord, except for Hazardous Materials which are permitted by this Agreement, and (ii) any provided that all such use is permitted materials are stored, used and disposed of in strict compliance with all applicable RequirementsEnvironmental Laws. Without limiting Within ten (10) Business Days following Landlord’s written request, Tenant shall provide Landlord with any information requested by Landlord concerning the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storageexistence, use, handling, generation or disposal of Hazardous Materials at the Leased Premises, including, but not limited to, the following information: (a) the name, address and telephone number of the person or entity employed by Tenant to dispose of its Hazardous Materials, including a copy of any contract with said person or entity, (b) all relevant information relating to such materials (e.g., a list of each type of Hazardous Materials used, stored, generated or disposed of by Tenant at the Leased Premises and a description of how Tenant disposes of said Hazardous Materials, a copy of its most current materials list and applicable quantities thereof, applicable material safety data sheets ( MSDS) and safety data sheets (SDS) and transportation and removal manifests), and (c) copies of any licenses or permits obtained by Tenant in order to use, generate or dispose of Hazardous Materials, including any MWRA permits and approvals. Tenant shall also as soon as practicable provide to Landlord (without demand by Landlord) a copy of any notice, registration, application, permit, or license given to or received from any governmental authority or private party, or persons entering or occupying the Leased Premises, concerning the presence, release, exposure or disposal of any Hazardous Materials in or about the Leased Premises, the Building, or the Lot Project. Notwithstanding the foregoing, with respect to any of Tenant’s Hazardous Materials which Tenant does not properly handle, store or anywhere on dispose of in compliance with all applicable Environmental Laws and good scientific and medical practice, Tenant shall, upon written notice from Landlord, no longer have the Property arising out right to bring such material into the Leased Premises, the Building of which the Leased Premises is a part or resulting from the acts Project until Tenant has demonstrated, to Landlord’s reasonable satisfaction, that Tenant has implemented programs to thereafter properly handle, store or omissions dispose of Tenant such material. (c) As used herein, the term “Hazardous Material” means any hazardous or toxic substances, hazardous waste, environmental, biological, chemical, radioactive substances, oil, petroleum products and any waste or substance, which because of its agentsquantitative concentration, employeeschemical, contractorsbiological, inviteesradioactive, guests flammable, explosive, infectious or others acting byother characteristics, through constitutes or under Tenantmay reasonably be expected to constitute or contribute to a danger or hazard to public health, safety or welfare or to the environment, or Tenant’s use that would trigger any employee or community “right-to-know” requirements adopted by any federal, state or local governing or regulatory body or which is or otherwise becomes regulated by any Environmental Law, including but not limited to the Massachusetts “Right to Know” Law, Chapter 111F of the PremisesGeneral Laws of Massachusetts, results in specifically including live organisms, viruses and fungi, Medical Waste (1) contamination of the soilas defined below), airand so-called “biohazard” materials. The term “Hazardous Material” includes, surface without limitation, any material or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees substance which is (i) designated as a “hazardous substance” pursuant to notify Landlord immediately Section 1311 of any contamination, claim of contamination, loss or damagethe Federal Water Pollution Control Act (33 U.S.C. Section 1317), (ii) after consultation with defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and approval by LandlordRecovery Act, to clean up all contamination in full compliance with all applicable statutes42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903), regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed defined as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.a “hazardous substance”

Hazardous Materials. Tenant covenants to hold Landlord represents free and harmless from all loss or damage resulting from Tenant's violation of any term or provision of this lease, including but not limited to attorney fees and court costs. Tenant that further covenants to hold Landlord free and harmless from the use, misuse or neglect of said premises or appurtenances and expressly waives, in favor of Landlord’s knowledge, as all claims arising out of any alleged defective or unsafe condition thereof, unless the Commencement Date, same was caused by the Premises shall negligence or willful misconduct of Landlord. Tenant agrees to pay for all damages which may be free caused to Landlord or the building in which the demised premises are situated or to any tenant or occupant thereof by any act or failure to act of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance ofof Tenant's invitees, and not in limitation ofcontractors, the foregoingagents, Landlord discloses to Tenantguests, visitors or employees, and Tenant acknowledges such disclosurefurther agrees not to use or suffer to be used the demised premises in any manner which will increase the present rate of premium for insurance on said building, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose a cancellation of any oil, hazardous or toxic substances, materials or wastes insurance policy relating to said building (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, Landlord acknowledges that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere Tenant's existing banking operations do not violate this restriction on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises), results in (1) contamination or keep or suffer to be kept therein any gasoline, distillate, petroleum, hazardous substances or explosive products. Tenant agrees during the entire term to take good care of the soildemised premises and to keep the interior thereof in good order, airrepair and condition, surface or ground water or (2) lossnatural deterioration with careful use and injury by fire, damage or harm to person(s) or property, then the elements and acts of God excepted. Tenant agrees (i) to notify and Landlord immediately of hereby represent and warrant that no real estate broker nor any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by other person other than Landlord, to clean up all contamination its agents and employees, has been involved in full compliance with all applicable statutes, regulations the securing and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions negotiation of this Section 5.7 shall survive the expiration lease, nor is any broker or termination any other person entitled to any commission, finder's fee, nor any other payment as a result of Tenant's execution of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforlease.

Hazardous Materials. Landlord represents to (a) Tenant that to Landlord’s knowledgeshall not cause or permit any Hazardous Material, as of the Commencement Datedefined below, the Premises shall to be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to brought upon, kept or used in or about the Premises by Tenant Tenant, its agents, employees, contractors or any Tenant Partyinvitees, without the prior written consent of Landlord which may be granted or withheld in Landlord's sole discretion. In furtherance of, and not in limitation of, the foregoing, Landlord discloses event that Tenant proposes to Tenant, and Tenant acknowledges such disclosure, that the interior of conduct any use or to operate any equipment which will or may utilize or generate a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, Hazardous Material other than as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth specified in the first sentence of this paragraph Section 7.4(a), Tenant shall first in writing submit such use or (ii) introduced equipment to the Premises Landlord for approval. No approval by Landlord after shall relieve Tenant of any obligation of Tenant pursuant to this Section 7.4, including the Commencement Date removal, clean-up and during the Lease Term, to the extent required indemnification obligations imposed upon Tenant by Requirementsthis Section 7.4. Tenant shall not useshall, handlewithin five (5) days after receipt thereof, transport, store, furnish to Landlord copies of all notices or dispose other communications received by Tenant with respect to any actual or alleged release or discharge of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on Material in or about the Premises or the Building and shall, whether or not Tenant receives any such notice or communication, notify Landlord in writing of any discharge or release of Hazardous Material by Tenant or anyone for whom Tenant is responsible in or about the Premises or the Building. In the event that Tenant is required to maintain any Hazardous Materials license or permit in connection with any use conducted by Tenant or any equipment operated by Tenant in the Premises, copies of each such license or permit, each renewal or revocation thereof and any communication relating to suspension, renewal or revocation thereof shall be furnished to Landlord within five (5) days after receipt thereof by Tenant. Compliance by Tenant with the two immediately preceding sentences shall not relieve Tenant of any other obligation of Tenant pursuant to this Section 7.4. (b) If Tenant breaches the obligations stated in this Section 7.4, or if the presence of Hazardous Material on the Premises or the Building and/or caused or permitted by Tenant results in contamination of the Lot except Premises or the Building, or if contamination of the Premises or the Building by Hazardous Material otherwise occurs for usual which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend, protect and customary office products such as toner hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or cleaners which contain Hazardous Materials; providedlosses (including, that (i) such cleanserswithout limitation, office supplies and products are ordinarily and customarily used diminution in value of the Premises or the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Building, damages arising from any adverse impact on marketing of space in the ordinary course Building, and sums paid in settlement of first-class business offices claims, attorneys' fees, consultant fees and (iiexpert 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 any such use is investigation of site conditions or 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 strict compliance with all applicable Requirementsthe soil or ground water on or under the Building. Without limiting the foregoing, if the presence of any Hazardous Materials Material in the Premises, and all containers therefor, shall be used, kept, stored and disposed Premises or in or under the Building caused or permitted by Tenant results in any contamination of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, Premises or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting Tenant shall be obligated, at Tenant's sole cost, to clean-up and remove from the acts Premises and Building all Hazardous Materials introduced into the Premises or omissions the Building by Tenant or any person or entity for whom Tenant is responsible. Such clean-up and removal shall include all testing and investigation required by any governmental authorities having jurisdiction and preparation and implementation of any remedial action plan required by any governmental authorities having jurisdiction. All such clean-up and removal activities of Tenant or its agentsshall, employeesin each instance, contractors, invitees, guests or others acting by, through or under be conducted to the satisfaction of Landlord and all governmental authorities having jurisdiction. Landlord's right of entry pursuant to Section 15 shall include the right to enter and inspect the Premises for violations of Tenant, or Tenant’s use 's covenants herein. (c) Upon any violation of the Premisesforegoing covenants in this Section 7.4, results Landlord shall be entitled to exercise all remedies available to a landlord against a defaulting tenant including but not limited to those set forth in (1) contamination Section 18. Without limiting the generality of the soilforegoing, airTenant expressly agrees that upon any such violation Landlord may, surface or ground water or (2) lossat its option, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contaminationterminate this Lease, claim of contamination, loss or damage, (ii) after consultation continue this Lease in effect until compliance by Tenant with its clean-up and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against removal covenant notwithstanding any claims, suits, causes earlier expiration date of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination term of this Lease. No consent action by Landlord hereunder shall impair the obligations of Tenant pursuant to this Section 7.4. (d) As used herein, the term "Hazardous Material" means any hazardous or approval toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Landlord shall in any way be construed as imposing upon Landlord any liability for California or the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoingUnited States Government. The terms of this Section 5.7 shall apply to term "Hazardous Material" includes, without limitation, any transportation, handling, storage, use material or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.substance which is (i) defined as a "hazardous

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge(A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises or any portion of the Commencement DateBuilding by or on behalf of Tenant, the Premises its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials so Handled shall be free of known as Tenant’s Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant PartyMaterials. In furtherance of, and not in limitation of, Notwithstanding the foregoing, Landlord discloses to normal quantities of Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain ’s Hazardous Materials customarily used in the basement conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Building contains asbestos-containing materialsPremises without Landlord’s prior written consent. Landlord further represents to Tenant thatTenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of the date of Tenant to indemnify Landlord pursuant to this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleTenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or necessary for Landlord to remove make full economic use of the Premises or remediate (any portion of the Building, which requirements or cause necessity arises from the removal or remediation of) any Handling of Tenant’s Hazardous Materials (i) found in upon, about, above or beneath the Building during the performance Premises or any portion of the Landlord’s Work (except to Building. Such actions shall include, but not be limited to, the extent investigation of the responsibility environmental condition of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation or any portion of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot preparation of any feasibility studies or anywhere reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises or any portion of the Building to the condition existing prior to the introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Property arising out of Premises or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use any portion of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforBuilding.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, Except as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation otherwise set forth in Paragraph 1(b) of the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date Lease, Tenant agrees that Tenant, its agents and during the Lease Term, to the extent required by Requirements. Tenant contractors shall not use, handlemanufacture, transport, store, store or dispose of any oilflammable explosives, radioactive materials, hazardous wastes or materials, toxic substanceswastes or materials, materials or wastes other similar substances (collectively “Hazardous Materials”) in, under, on under or about the Premises, the Building and/or the Lot except for usual and customary office provided that Tenant may handle, store, use or dispose of products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleanserscontaining small quantities or Hazardous Materials, office supplies and which products are ordinarily and of a type customarily used found in the ordinary course of first-class business offices and households (such as aerosol cans containing insecticides, toner for copiers, paints, pain remover, and the like), provided further that Tenant shall handle, store, use and dispose of any, such Hazardous Materials in a safe and lawful manner and shall not allow such Hazardous Materials to contaminate the Premises or the environment; or (ii) any necessary to conduct the Permitted Use of the Premises described in Paragraph 1(b). If Landlord, in its sole discretion, believes that the Premises or the environment have become contaminated with Hazardous Materials, in breach of the provisions of this Lease, Landlord, in addition to its other rights under this Lease, may enter upon the Premises and obtain samples from the Premises, including the soil and groundwater under the Premises, for the purposes of analyzing the same to determine whether and to what extend the Premises or the environment have become so contaminated, Tenant shall reimburse Landlord for the reasonable costs of such use is in strict compliance with all applicable Requirementsinspection, sampling and analysis. Without limiting the foregoingabove, Tenant shall indemnify and hold harmless Landlord from and against any Hazardous Materials in the Premises, and all containers thereforclaims, shall be usedlosses, keptliabilities, stored damages, costs and disposed expenses, including without limitation, reasonable attorneys fees and costs, arising out of or in any way connected with due care and in conformity with all applicable Requirements. If the transportationuse, manufacture, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under by Tenant, its agents or Tenant’s use of contractors on, under or about the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, Premises including, without limitation, reasonable attorneys’ feesthe cost of any required or necessary repair, arising cleanup or detoxification and the preparation of any closure or other required plans in connection herewith. The indemnity obligations of Tenant under this clause shall survive any termination of the Lease. ALL THAT CERTAIN tract of land located in Upper Macungie Township, Lehigh County, Pennsylvania known as Lot 3, as shown on and described in accordance with a Minor Subdivision Plan for Agere Systems, Inc., prepared by ▇▇▇▇▇ ▇▇▇▇▇ & Associates, Inc., Tradetown, Pennsylvania, dated October 22, 2001, last revised February, 29, 2002 and recorded at Lehigh County Document ID No. 7025857, Document ID No. 7025858, Document ID No. 7025859, on August 28, 2002; and Document ID No. 7049645 on December 13, 2002, bounded and described as follows to with. BEGINNING at the intersection of the Northerly ultimate right of way line of S.R. 0222 (100 foot right of way and the Easterly property line of lot 1 as shown on aforesaid Minor Subdivision Plan, thence along the lands of said Lot 1 the following seven coursed and distances: (1) North 16 degrees 30 minutes 00 seconds East, 177.27 feet; (2) along a circular curve to the right, having a radius of 530.00 feet and a central angle of 28 degrees 10 minutes 08 seconds (chord bearing and distance of North 30 degrees 35 minutes 04 seconds East, 257.95 feet), the arc length of 260.57 feet; (3) North 44 degrees 40 minutes 08 seconds East, 55.66 feet; (4) along a circular curve to the right, having a radius of 418.06 feet and a central angle of 38 degrees 56 minutes 58 seconds (chord bearing and distance of North 25 degrees 51 minutes 23 seconds West 278.75 feet), the arc length of 284.20 feet; (5) North 06 degrees 22 minutes 55 seconds West 105.56 feet; (6) along a circular curve to the left, having a radius of 275.00 feet and a central angle of 87 degrees 16 minutes 23 seconds (chord bearing and distance of North 50 degrees 01 minute 06 seconds West, 379.55 feet); the arc length of 418.88 feet, (7) North 03 degrees 39 minutes 18 seconds West, 50.00 feet to the Southerly ultimate right of way line of ▇▇▇▇ ▇▇▇▇ Road the following sixteen courses and distances: (1) North 86 degrees 20 minutes 42 seconds East, 558.25 feet; (2) North 86 degrees 35 minutes 18 seconds East, 572.50 feet; (3) along a circular curve to the right, having a radius of 1,155.00 feet and a central angle of 06 degrees 51 minutes 26 seconds (chord bearing and distance of South 89 degrees 58 minutes 59 seconds East, 138.15 feet), the arc length of 138.23 feet; (4) South 86 degrees 33 minutes 16 seconds East, 348.58 feet; (5) along a circular curve to the left, having a radius of 830.00 feet and a central angle of 03 degrees 29 minutes 59 seconds (chord bearing and distance of South 88 degrees 18 minutes 16 seconds East 50.69 feet); the arc length of 50.70 feet; (6) North 89 degrees 56 minutes 44 seconds East, 206.85 feet; (7) along a circular curve to the right having a radius of 755.00 feet and a central angle of 24 degrees 08 minutes 38 seconds (chord bearing and distance of South 77 degrees 58 minutes 57 seconds East, 315.80 feet); the arc length of 318.15 feet; (8) South 65 degrees 54 minutes 39 seconds East, 682.47 feet; (9) along a circular curve to the left, having a radius of 1,280.00 feet and a central angle of 02 degrees 13 minutes 29 seconds (chord bearing and distance of South 67 degrees 01 minutes 24 seconds East, 49.70 feet), the arc length or 49.70 feet; (10) South 68 degrees 08 minutes 09 seconds East, 431.15 feet; (11) along a circular curve to the right, having a radius of 230.00 feet and a central angle of 34 degrees 33 minutes 46 seconds (chord bearing and distance of South 50 degrees 51 minutes 14 seconds East, 136.65 feet); the arc length of 138.74 feet, (12) along a circular curve to the left, having a radius of 318.34 feet and a central angle of 29 degrees 51 minutes 07 seconds (chord bearing and distance of South 48 degrees 29 minutes 53 seconds East, 163.99 feet), the arc length of 165.86 feet; (13) South 63 degrees 25 minutes 27 seconds East, 406.25 feet; (14) South 62 degrees 09 minutes 53 seconds East, 329.07 feet; (15) along a circular curve to the left, having a radius of 2,130.00 feet and a central angle of 03 degrees 43 minutes 28 seconds (chord bearing and distance of South 64 degrees 01 minute 37 seconds, East, 138.43 feet), the arc length or 138.46 feet; (16) South 65 degrees 53 minutes 21 seconds East, 191.84 feet to the Westerly property line of lands of ▇▇▇▇▇ ▇. ▇▇▇▇; thence along said lands of ▇▇▇▇▇ ▇. ▇▇▇▇ the following five courses and distances; (1) South 27 degrees 44 minutes 28 seconds West, 168.94 feet; (2) south 66 degrees 31 minutes 26 seconds East 70.70 feet; (3) South 24 degrees 57 minutes 00 seconds West, 89.86 feet; (4) South 71 degrees 56 minutes 50 seconds East, 92.88 feet; (5) North 70 degrees 46 minutes 14 seconds East, 173.55 feet to the Westerly property line of Lot 2 as shown on aforesaid Minor Subdivision Plan, thence along said property line of ▇▇▇ ▇, ▇▇▇▇▇ ▇▇ degrees 29 minutes 13 seconds West, 971.56 feet to the aforesaid Northerly ultimate right of way line of S.R. 0222 (100 foot right of way); thence along said Northerly ultimate right of way line of S.R. 0222, North 73 degrees 30 minutes 47 seconds West, 457.51 feet to the Easterly property line of the lands of ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇, thence along said lands of ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ the following three courses and distances (1) North 16 degrees 29 minutes 04 seconds East, 150.01 feet; (2) North 73 degrees 29 minutes 16 seconds West, 193.10 feet; (3) South 03 degrees 12 minutes 45 seconds West, 134.01 feet to the aforesaid Northerly ultimate right of way line of S.R. 0222, thence along said right of way North 73 degrees 30 minutes 00 seconds West, 3,717.44 feet to the point of beginning. BEING Tax Parcel No. 545408213261-1. Tenant accepts the Premises in As-is / where-is condition. Landlord shall have no responsibility to perform any tenant improvements. Facility Manager — ▇▇▇▇▇ ▇▇▇▇▇▇ $ 110,000 $ 0 $ 110,000 ▇. ▇▇▇▇▇▇ to Anthem, terms to be agreed Property Insurance (ordinary hazard) $ 112,000 $ 0 $ 112,000 Property Taxes $ 706,908 $ 0 $ 706,908 Landscaping service/snow removal $ 50,000 $ 0 $ 50,000 Diesel fire pump service $ 3,000 $ 0 $ 3,000 Cost to maintain sprinkler pump Pest control $ 2,500 $ 0 $ 2,500 Elevator service $ 12,000 $ 0 $ 12,000 $ 996,408 $ 0 $ 996,408 Berkshire fire detection system $ 25,000 $ 16,675 $ 8,325 Fire extinguisher and hose rack service $ 7,000 $ 4,632 $ 2,331 Natural Gas $ 600,000 $ 500,000 $ 100,000 Public water supply-LCA $ 80,000 $ 80,000 $ 0 Sewer service — UMT $ 100,000 $ 100,000 $ 0 Electric-estimated (5) $ 1,200,000 $ 1,150,000 $ 50,000 Boiler inspection — dept. of labor $ 1,000 $ 1,000 $ 0 Chiller service $ 35,000 $ 35,000 $ 0 Boiler service $ 40,000 $ 40,000 $ 0 $ 2,088,000 $ 1,927,337 $ 160,658 Subtotal $ 3,084,408 $ 1,927,337 $ 1,157,064 Salaries/Contracts $ 300,000 $ 300,000 $ 0 Salaries-staff $ 200,000 $ 200,000 $ 0 Copiers $ 15,000 $ 15,000 $ 0 Janitorial services $ 75,000 $ 75,000 $ 0 Bulk Gases $ 425,000 $ 425,000 $ 0 Fuel oil $ 0 $ 0 $ 0 Recycling $ 3,000 $ 3,000 $ 0 Emergency generator service $ 3,000 $ 3,000 $ 0 UPS service- Liebert $ 8,000 $ 8,000 $ 0 Water treatment $ 15,000 $ 15,000 $ 0 GE - emergency switchgear service $ 10,000 $ 10,000 $ 0 Combustible gas monitor service $ 13,000 $ 13,000 $ 0 Wastewater sampling service $ 3,000 $ 3,000 $ 0 Chemical disposal service $ 10,000 $ 10,000 $ 0 DI water system $ 8,000 $ 8,000 $ 0 Motor generator UPS service $ 7,000 $ 7,000 $ 0 Scales air compressor part/service $ 15,000 $ 15,000 $ 0 Siemens BAS/security system $ 35,000 $ 35,000 $ 0 Vibration analysis on fans and pumps $ 7,000 $ 7,000 $ 0 Trash and paper recycling $ 10,000 $ 10,000 $ 0 Water softener salt $ 10,000 $ 10,000 $ 0 MDA monitor maint. $ 8,000 $ 8,000 $ 0 Misc. parts end repairs $ 50,000 $ 50,000 $ 0 Security systems $ 5,000 $ 5,000 $ 0 EH&S $ 25,000 $ 25,000 $ 0 $ 1,260,000 $ 1,260,000 $ 0 THIS GUARANTY OF LEASE is attached to and is hereby made a part of that certain Lease Agreement dated 2005 (the “Lease”), between CyOptics, Inc. (“Tenant”) and TriQuint Optoelectronics, Inc., whose interest as lessor is being assigned to (“Landlord”) by an assignment dated of even date herewith (the “Assignment”). FOR VALUE RECEIVED and in consideration of and as an inducement to Landlord entering into the Assignment, the undersigned guarantor, TriQuint Semiconductor, Inc. (“Guarantor”), unconditionally and continuously guarantees to Landlord, its successors and assigns, the full and timely payment by Tenant of all Annual Base Rent due and owing under the Lease from and after the date hereof dining the Initial Term, as those capitalized terms are defined in the Lease, or connected with until the Lease is assigned or the Premises are sublet by Tenant. This Guaranty and the obligations of Guarantor hereunder shall not be terminated or impaired by reason of the granting by Landlord of any indulgences to Tenant or the assertion by Landlord against Tenant of any of Landlord’s rights or remedies under the Lease, or by the relief of Tenant from any of Tenant’s obligations under the Lease by operation of law or otherwise, whether or not Guarantor has received notice of same. Guarantor waives all suretyship defenses, notice of any breach by Tenant, and right to a jury trial Landlord’s delay or failure to insist upon the strict performance or observance of any obligation of Tenant under the Lease or to exercise any right or remedy available under the Lease or at law or in equity, shall not be construed to be a waiver of Landlord’s prerogative to insist upon such strict performance or observance or to exercise any such contamination, claim right or remedy. Receipt by Landlord of contamination, loss rent or damageother payment with knowledge of a breach of any term or condition of the Lease shall not be construed to be a waiver of such breach. The provisions liability of this Section 5.7 Guarantor hereunder shall survive not be affected or limited by: the expiration release or termination discharge of this Lease. No consent or approval of Landlord shall Tenant in any way be construed as imposing upon Landlord creditors’ receivership, bankruptcy or other proceedings; the impairment, limitation or modification of the liability of the Tenant or the estate of the Tenant in bankruptcy, or of any liability remedy for the meansenforcement of Tenant’s said liability under the Lease, methods, resulting from the operation of any present or manner future provision of removal, containment the federal bankruptcy laws or other compliance with applicable Requirements for and with respect to statutes or from the foregoing. The terms decision in any court the rejection or disaffirmance of this Section 5.7 shall apply to the Lease in any transportationsuch proceedings; any disability or other defense of Tenant; or the cessation from any cause whatsoever, handling, storage, use or disposal of Hazardous Materials irrespective the liability of whether Tenant has obtained Landlord’s consent thereforTenant.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledgeSubtenant and Subtenant's agents, as of the Commencement Dateemployees, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS contractors, assignees and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall subtenants may not use, handleplace, transportstore or transport (collectively, store, or dispose of any oil, hazardous or toxic substances, materials or wastes "Use") Hazardous Material(s) (collectively “Hazardous Materials”defined below) in, under, on or about any portion of the Premises, Premises or Excluded Area or any other part of the Building and/or Land (or in connection with the Lot except for usual and customary office products such as toner use or cleaners which contain Hazardous Materials; provided, that (ioperation of the Subtenant Improvements) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance unless Subtenant complies with all applicable Requirements. Without limiting Laws with respect to the foregoingUse by Subtenant, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, inviteesassignees or subtenants of such Hazardous Materials. Nothing herein shall be construed to allow Subtenant to release or dispose of (collectively, guests "Release") Hazardous Materials in or others acting by, through or under Tenant, or Tenant’s use about any portion of the Premises, results premises or Excluded Area unless such Release is in (1) contamination compliance with applicable Laws. Any Use of the soilHazardous Materials beyond the scope allowed in this Paragraph and any Release of Hazardous Materials shall be subject to Sublandlord's and Lessor's prior written consent, air, surface which may be withheld in Sublandlord's or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with Lessor's sole and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standardsabsolute discretion, and (iii) shall require an amendment to the Sublease in the event Sublandlord and Lessor do consent which shall set forth the materials, scope of use, indemnification and any other matter required by Sublandlord and Lessor in Sublandlord's and Lessor's sole and absolute discretion. Subtenant shall indemnify, defend and hold Landlord Sublandlord and Sublandlord's agents harmless from and against any and all claims, suitslosses, causes damages, liabilities, or expenses arising in connection with the Use or Release of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from Hazardous Materials on or connected with any such contamination, claim of contamination, loss or damage. The provisions following the Commencement Date of this Section 5.7 Sublease in violation of Law by Subtenant, Subtenant's agents, employees, contractors, assignees or subtenants using the Premises or Excluded Area. Subtenant's obligation to defend, hold harmless and indemnify pursuant to this Paragraph 7 shall survive the expiration or earlier termination of this LeaseSublease. No consent or approval The foregoing indemnity shall not apply to, and Subtenant shall not be responsible hereunder for, the presence of Landlord shall in any way be construed as imposing upon Landlord any liability for the meansHazardous Materials on, methodsunder, or manner about the Premises or Excluded Area to the extent caused by Sublandlord, its agents, employees, contractors, assignees or subtenants (other than Subtenant); provided that Sublandlord hereby acknowledges and agrees that the foregoing indemnity is intended to supplement that certain Indemnity Agreement between Subtenant and Sublandlord in the form of removalExhibit C to the Purchase Agreement (the "Indemnity Agreement"), containment and to the extent the foregoing indemnity contradicts Subtenant's obligations under the Indemnity Agreement, the Indemnity Agreement shall prevail. The parties hereto agree and acknowledge that all of Subtenant's indemnity obligations set forth in this Sublease are supplemental to Subtenant's obligations set forth in the Indemnity Agreement. Sublandlord shall have the right, upon reasonable advance notice to Subtenant, to inspect, investigate, sample and/or monitor the Premises and Excluded Area, including any soil, water, groundwater, or other compliance sampling, to the extent reasonably necessary to determine whether Subtenant is complying with applicable Requirements for and the terms of this Sublease with respect to Hazardous Materials. In connection therewith, Subtenant shall provide Sublandlord with reasonable access to all portions of the foregoingPremises, the Subtenant Improvements and the Excluded Area (subject to reasonable security measures imposed by Subtenant); provided, however, that Sublandlord shall avoid any unreasonable interference with the operation of Subtenant's business on or in the Premises or the Excluded Area. The terms All costs reasonably incurred by Sublandlord in performing such inspections, investigation, sampling and/or monitoring shall be reimbursed by Subtenant to Sublandlord as Additional Rent within thirty (30) days after Sublandlord's demand for payment if it is determined that Hazardous Materials have been Used by Subtenant or Subtenant's Agents on or after the Commencement Date of this Section 5.7 shall apply to any transportation, handling, storage, use Sublease in violation of Laws or disposal a Release of Hazardous Materials irrespective in violation of whether Tenant Laws has occurred on, in or under the Premises or the Excluded Area, or any portion thereof. Notwithstanding anything to the contrary contained in this Sublease, Sublandlord and Subtenant acknowledges that (i) the Environmental Protection Agency is currently overseeing cleanup measures that are being conducted at the Land and at surrounding parcels of real property, (ii) the Land is part of a regional Superfund site known as the Middlefield-Elli▇-▇▇▇▇▇▇▇ (▇▇W) site, (iii) Raytheon, a former owner of the Land, is under a Consent Decree that provides that Raytheon will perform groundwater and soil remediation for the property it occupied and operated within the MEW area, (iv) in 1987, a soil-bentonite, subsurface, slurry wall was installed by Raytheon around the perimeter of the Land enclosing the soil and water bearing zones as part of the remedial measures conducted by Raytheon, (v) a groundwater extraction and treatment system was installed in 1987 on the Land and, as long term remedial measure, groundwater is extracted from several well▇ ▇▇▇ated both within the boundaries of the Land and from adjacent property, (vi) a soil vapor extraction system (covering approximately a surface area of four acres and going to a depth of approximately 15 to 18 feet) was installed by Raytheon in 1996 to remediate the contaminated soils in the Land and Raytheon has petitioned and obtained Landlord’s consent thereforapproval from the Environmental Protection Agency for closure for part of the soil vapor remedial system, and (vii) the groundwater and soil treatment facilities referred to above are maintained by Raytheon and Raytheon has provided an indemnification to Subtenant to protect it from clean up or other liability related to contamination existing prior to the date Subtenant acquired title to the Land and the improvements then located thereon.

Hazardous Materials. Tenant will not, in any manner whatsoever, be responsible for the investigation, removal, remediation or abatement of any Hazardous Materials or violation of any applicable laws related thereto to the extent that such Hazardous Materials existed in, on or about the Premises before the Commencement Date and Landlord represents acknowledges and agrees that Landlord shall be solely responsible, at Landlord's sole cost and expense, for any such investigation, removal, remediation or abatement. Neither Tenant nor any of Tenant's Invitees may use, manufacture, store, or dispose of any Hazardous Materials anywhere within the Premises which are or could (a) be detrimental to the Premises, human health, or the environment, except in accordance with all applicable laws and Landlord's reasonable prophylactic restrictions, or (b) adversely affect the value of the Premises. If the Premises are contaminated by any Hazardous Material during the Term, then (1) Tenant shall promptly notify Landlord in writing of such contamination, and (2) Landlord may elect to either (A) demand that Tenant perform all remediation required by Landlord (to Landlord’s knowledge's reasonable satisfaction and at Tenant's sole cost, as of the Commencement Date, necessary to return the Premises shall be free of Hazardous Materials that would violate Requirements except to at least as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to good a condition as the Premises by Tenant or any Tenant Party. In furtherance of, and not are in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFCwhich Tenant shall immediately do upon receipt of notice from Landlord, or (B) proceed to cause such investigation, clean-based refrigerants in up, and remediation work which Landlord deems reasonably necessary or desirable to be undertaken, whereupon the Building’s base building HVAC systementire cost thereof (plus a supervisory fee equal to five percent (5%) of such cost) will be payable by Tenant to Landlord within thirty (30) days after Landlord's written demand as additional rent. If Tenant does not promptly commence and diligently pursue such remediation, then Landlord shall be responsible, at its sole cost and expense, to remove or remediate (may perform or cause to be performed such remediation and Tenant shall, within thirty (30) days after Landlord's written demand, pay the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the actual, documented and reasonable cost thereof. Tenant's and Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of 's obligations and liability under this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 Article 22 shall survive the expiration or termination of Tenant's tenancy and the Term of this Lease. No consent , except that nothing contained in this Article 22 shall be deemed to impose liability on Tenant for any problem arising during or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for after the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms Term of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal Lease provided neither Tenant nor Tenant's Invitees caused such problem during the Term of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.this Lease

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge(A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises or any portion of the Commencement DateBuilding by or on behalf of Tenant, the Premises its subtenants or its assignees, or their respective contractors, clients, officers, managers, members, partners, directors, employees, agents, or invitees. Any such Hazardous Materials so Handled shall be free of known as Tenant’s Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant PartyMaterials. In furtherance of, and not in limitation of, Notwithstanding the foregoing, Landlord discloses to normal quantities of Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain ’s Hazardous Materials customarily used in the basement conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Building contains asbestos-containing materialsPremises without Landlord’s prior written consent. Landlord further represents to Tenant thatTenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of the date of Tenant to indemnify Landlord pursuant to this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleTenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, which requirements or necessity arises from the Handling of Tenant’s Hazardous Materials upon, about, above or beneath the Premises or any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Except as otherwise agreed to remove by Landlord based upon advise of its environmental consultants, Tenant shall take all actions necessary to restore the Premises or remediate any portion of the Building to the condition existing prior to the introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section 6.3(B), which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Premises or any portion of the Building. (C) Tenant agrees to execute affidavits, representations, and the like from time to time at Landlord’s request describing the Hazardous Materials used at the Premises by Tenant. (D) Landlord represents to its knowledge that (i) no Hazardous Materials is present on or cause about the Building in violation of Environmental Laws and (ii) there is no action pending before any Regulatory Authority regarding the presence of Hazardous Materials in the Building. (E) Landlord has disclosed to Tenant and Tenant has acknowledged that a small amount of non-friable encapsulated asbestos is located in the stairway leading to the penthouse and that such encapsulated asbestos will not be removed by Landlord. (F) In no event shall Tenant be liable for the removal or remediation of) of any Hazardous Materials (i) found or for any costs or expenses incurred by Landlord in the Building during the performance of the Landlord’s Work (connection with such removal or remediation except to the extent the removal or remediation of such Hazardous Materials is the responsibility of Tenant pursuant to this Section 6.3. Except as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation expressly set forth in herein with respect to Tenant’s obligations, Landlord shall pay or cause others to pay for the first sentence removal or remediation of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed Building or the Premises which are in violation of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforEnvironmental Laws.

Hazardous Materials. Landlord represents 28.1 During the term of this lease, Tenant shall comply with all Environmental Laws and Environmental Permits (each as defined in Section 28.7 hereof) applicable to Tenant that to Landlord’s knowledge, as the operation or use of the Commencement DateDemised Premises, will cause all other persons occupying or using the Demised Premises to comply with all such Environmental Laws and Environmental Permits, will immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance, and will obtain and renew all Environmental Permits required for the operation or use of the Demised Premises by Tenant. 28.2 Except as expressly provided in this lease, Tenant shall be free not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of Hazardous Materials that would violate Requirements except (as disclosed pursuant to Exhibit EXISTING CONDITIONS and defined in Section 28.7 hereof) on the Demised Premises, or the Industrial Complex, or transport or permit the transportation of Hazardous Materials introduced to or from the Demised Premises by Tenant or any Tenant Party. In furtherance ofthe Industrial Complex except for limited quantities used or stored at the Demised Premises and required in connection with the routine operation and maintenance of the Demised Premises, and not then only upon the written consent of Landlord and in limitation of, compliance with all applicable Environmental Laws and Environmental Permits. Notwithstanding the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that may use the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant thatfollowing Hazardous Materials, as of the date of this Lease, there same are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of firstTenant's business: (i) compressed gases (propane) for fork-class business offices and lifts/high-los; (ii) small quantities of lubricating oil for engines; and (iii) small quantities of solvents, provided that Tenant's use of such Hazardous Materials is in accordance with all Environmental Laws (as defined in Section 28.7 below). Notwithstanding the first sentence of this Section 28.2, Tenant may perform basic preventative maintenance ("Maintenance") of tractors, trailers and warehouse equipment at the Demised Premises provided that all such Maintenance is performed in accordance with all Environmental Laws. As used in this section, "Maintenance" shall be deemed to mean tractor, trailer and forklift oil changes and grease maintenance, tire and brake replacement, and minor vehicle repairs, which shall in no event include engine, transmission or drivetrain overhauls or rebuilding. 28.3 At any time and from time to time during the term of this lease, Landlord may perform an environmental site assessment report concerning the Demised Premises, prepared by an environmental consulting firm chosen by Landlord, to determine whether Tenant is in violation of any applicable Environmental Laws or in violation of the terms of this Article 28 and the potential cost of any compliance, removal or remedial action in connection with any such use is in strict compliance with all applicable Requirementsviolation on the Demised Premises. Without limiting Tenant shall grant and hereby grants to Landlord and its agents access to the foregoing, any Hazardous Materials in the Premises, Demised Premises for such purpose and all containers therefor, specifically grants Landlord an irrevocable non-exclusive license to undertake such an assessment. The cost of such environmental site assessment shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees borne by Landlord unless (i) to notify Landlord immediately initiates same based on Landlord's reasonable belief that Tenant has caused or permitted a violation of any contamination, claim applicable Environmental Laws on or at the Demised Premises or that Tenant has violated the terms of contamination, loss or damagethis Article 28, (ii) after consultation with and approval by Landlordthe results of such assessment indicate that Tenant has caused or permitted a violation of any applicable Environmental Laws on or at the Demised Premises or that Tenant has violated the terms of this Article 28, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and or (iii) such assessment is initiated by Landlord incident to indemnifythe occurrence of an event of default by Tenant under Articles 9 or 28 of this lease. If Tenant shall be held responsible for the costs of the assessment as above described, defend and hold Tenant shall pay Landlord harmless from and for the costs of such assessment within ten (10) days of Tenant's receipt of Landlord's written demand therefor. 28.4 Tenant will immediately advise Landlord in writing of any of the following: (1) any pending or threatened Environmental Claim (as defined in Section 28.7 hereof) against Tenant relating to the Demised Premises or the Industrial Complex; (2) any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from condition or connected occurrence on the Demised Premises or the Industrial Complex that (a) results in noncompliance by Tenant with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methodsapplicable Environmental Law, or manner (b) could reasonably be anticipated to form the basis of removal, containment an Environmental Claim against Tenant or other compliance with applicable Requirements for and with respect Landlord or the Demised Premises; (3) any condition or occurrence on the Demised Premises or any property adjoining the Demised Premises (to the foregoing. The terms extent that Tenant becomes aware of this Section 5.7 shall apply such condition or occurrence) that could reasonably be anticipated to cause the Demised Premises to be subject to any transportationrestrictions on the ownership, handling, storageoccupancy, use or disposal transferability of the Demised Premises under any Environmental Law; and (4) the actual or anticipated taking of any removal or remedial action by Tenant in response to the actual or alleged presence of any Hazardous Materials irrespective Material on the Demised Premises or the Industrial Complex. All such notices shall describe in reasonable detail the nature of whether the claim, investigation, condition, occurrence or removal or remedial action and Tenant's response thereto. In addition, Tenant has obtained will provide Landlord with copies of all communications regarding the Demised Premises with any government or governmental agency relating to Environmental Laws, all such communications with any person relating to Environmental Claims, and such detailed reports of any such Environmental Claim as may reasonably be requested by Landlord’s consent therefor.

Hazardous Materials. a. Landlord represents and Tenant shall, with regard to the Building and the Demised Premises, at all times and in all respects comply with all federal, state and local laws, ordinances, rules and regulations ("Hazardous Materials Laws") applicable to it relating to industrial hygiene, environmental protection or their respective use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials (as hereinafter defined). b. Tenant that shall not cause or permit any Hazardous Materials (other than the types and quantities which are customarily used by Tenants in high-rise office buildings in the central business district of Denver, Colorado) to Landlord’s knowledgebe brought upon, as kept, stored, generated, treated, manufactured, produced, disposed of, discharged, released, spilled or used in, on or about the Demised Premises and Building by Tenant or Tenant's affiliates, authorized agents, employees or contractors, sublessees or assignees (collectively, the "Tenant Parties"). Notwithstanding the foregoing, Tenant may use Hazardous Materials to the extent customary for the operation of Tenant's permitted use of the Commencement DateDemised Premises; provided that Tenant may use such Hazardous Materials only if used and disposed of in accordance with manufacturers' specifications, if any, and all applicable laws. If the Premises shall be free presence of Hazardous Materials that would violate Requirements except on the Demised Premises, caused either directly or indirectly by Tenant, results in contamination of the Demised Premises, the Building or any adjacent property, then Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims, judgments, actions, damages, penalties, fines, forfeitures, costs, expenses, liabilities or losses (including, without limitation, diminution in value of the Demised Premises, the Building and/or adjacent property, damages for the loss or restriction on use of rentable or usable space of any amenity of the Demised Premises, the Building and/or adjacent property, damages arising from any adverse impact on marketing of the Demised Premises, the Building and/or adjacent property, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees and court costs) which arise during or after the Lease Term or any extension hereof, as disclosed pursuant to Exhibit EXISTING CONDITIONS a result of such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred after and because of such breach in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because Material present in the soil or ground water on or under the Demised Premises, the Building and/or adjacent property caused by Tenant. Without limiting the foregoing, if the presence of any Hazardous Materials introduced to Material on the Premises Demised Premises, caused either directly or indirectly by Tenant or any of the Tenant Party. In furtherance ofParties, and not results in limitation ofany contamination of the Demised Premises, the foregoingBuilding and/or adjacent property, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, promptly take all actions at its sole cost and expenseexpense (subject to the right to recover against other responsible parties) as are necessary to return as nearly as possible the contaminated portion of the Demised Premises, the Building and/or adjacent property to remove the condition existing prior to the introduction of any such Hazardous Material to the Demised Premises, the Building and/or adjacent property; provided that Tenant shall not take any remedial action in or remediate (about the Demised Premises or the Building, nor enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to Hazardous Materials in any way connected with the Demised Premises or the Building, without first notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto. c. Landlord shall not cause the removal or remediation of) permit any Hazardous Materials (i) found other than the types and quantities which are customarily used by other landlords in high-rise office buildings in the central business district of Denver, Colorado) to be brought upon, kept, stored, generated, treated, manufactured, produced, disposed of, discharged, released, spilled or used in, on or about the Demised Premises and Building during by Landlord or Landlord's affiliates, authorized agents, employees or contractors. Notwithstanding the performance of the Landlord’s Work (except foregoing, Landlord may use Hazardous Materials to the extent customary for the responsibility operation of Tenant as Landlord's use of the Building; provided below) solely to the extent that Landlord may use such Hazardous Materials are existing only if used and disposed of in accordance with manufacturers' specifications, if any, and all applicable laws. d. As used in this Lease, the Premises in violation term "Hazardous Materials Laws" means any requirement of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Termfederal, to the extent required by Requirements. Tenant shall not use, handle, transport, storestate, or dispose of any oillocal law, civil or criminal, or regulation, relating to air quality, surface water quality, ground water quality, soil solid waste management, hazardous or toxic substances, materials or wastes the protection of health or the environment, including by way of illustration and not of limitation: the Clean Air Act (collectively “"CAA"), 42 U.S.C. (S) 7401, et seq., its regulations and -- --- equivalent or similar state statute and regulations; the Federal Water Pollution Control Act ("FWPCA"), 33 U.S.C. (S) 1251, et seq., its regulations and equivalent or similar -- --- state statute and regulations; the Resource Conservation and Recover Act ("RCRA"), 42 U.S.C. (S) 6901, et seq., its -- --- regulations and equivalent or similar state statute and regulations; the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. (S) 9601, et seq., its regulations and equivalent or similar -- --- state statute and regulations; the Toxic Substances Control Act ("TSCA"), 15 U.S.C. (S) 2601, et seq., its regulations -- --- and equivalent or similar state statute and regulations; the Oil Pollution Act, 33 U.S.C. (S) 2701, et seq., its -- --- regulations and equivalent or similar state statute and regulations; the Emergency Planning and Community Right-to- Know Act ("EPCRA"), 42 U.S.C. (S) 1101, et seq., its -- --- regulations and equivalent or similar state statute and regulations; the Pollution Prevention Act, 42 U.S.C. (S) 1301, et seq., its regulations and equivalent or similar -- --- state statute and regulations; the Hazardous Materials”Material Transportation Act ("HMTA"), 49 U.S.C. Ap. (S) in1471, underits regulations and equivalent or similar state statute and regulations; the Safe Drinking Water Act ("SDWA"), on 42 U.S.C. (S)(S) 300(f) through 300(j), its regulations and equivalent or about the Premises, the Building and/or the Lot except for usual similar state statute and customary office products such as toner or cleaners which contain Hazardous Materialsregulations; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored corresponding Colorado statutes and disposed of with due care and regulations; including any retroactive amendments or extensions thereof in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere effect on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefordate hereof.

Hazardous Materials. Landlord represents to The terms of this Article 40 supplement Article 1 of this Lease. 40.1 Tenant agrees that Tenant, its agents and contractors, licensees, or invitees shall not Handle any Hazardous Materials on, under, or about the Premises, without Landlord’s prior written consent (which consent shall not be unreasonably withheld as long as Tenant demonstrates and documents to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of Hazardous Materials reasonable satisfaction (a) that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found are necessary or useful to Tenant’s business; and (ii) will be used, kept, and stored in compliance with all laws relating to any Hazardous Materials so brought or used or kept in or about the Building during Premises; and (b) that Tenant will give all required notices concerning the performance presence in or on the Premises or the release of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials from the Premises) provided that Tenant may handle, store, use or dispose of containing small quantities of Hazardous Materials, which products are existing of a type customarily found in offices and households (such as aerosol cans containing insecticides, toner for copies, paints, paint remover, and the like), provided further that Tenant shall Handle any such Hazardous Materials in a safe and lawful manner and shall not allow such Hazardous Materials to contaminate the Premises or the Building or the property upon which the Building is located (“Property”). 40.2 Tenant further agrees that Tenant will not permit any substance suspected of causing cancer or reproductive toxicity to come into contact with groundwater under the Premises or Property. Any such substance coming into contact with groundwater shall be considered a Hazardous Material. 40.3 Notwithstanding the provisions of Section 40.1, and subject to the terms and conditions hereof, Tenant may Handle Hazardous Materials, limited to the types, amounts, and use identified on Exhibit E attached hereto. Tenant hereby certifies to Landlord that the information provided by Tenant pursuant to this Article 40 is true, correct, and complete. Tenant’s business and operations, and its handling, storage, use and disposal of Hazardous Materials shall at all times comply with all Environmental Laws. Tenant shall secure and abide by all permits necessary for Tenant’s operations on the Premises. Tenant shall give or post all notices required by all Environmental Laws. If Tenant shall at any time fail to comply with this Article 40, Tenant shall immediately notify Landlord in violation writing of Landlord’s representation set forth in such noncompliance. 40.4 Tenant shall provide Landlord with copies of any Material Safety Data Sheets (as required by the Occupational Safety and Health Act) relating to any Hazardous Materials to be used, kept, or stored at or on the Premises, at least thirty (30) days prior to the first sentence use, placement, or storage of this paragraph or (ii) introduced to such Hazardous Material on the Premises. 40.5 Tenant shall not store hazardous wastes on the Premises for more than ninety (90) days; “hazardous waste” has the meaning given it by Landlord after the Commencement Date Resource Conservation and during the Lease TermRecovery Act of 1976, to the extent required by Requirementsas amended. Tenant shall not use, handle, transport, store, install any underground or above ground storage tanks on the Premises. Tenant shall not dispose of any oilHazardous Material or solid waste on the Premises. In performing any alterations of the Premises permitted by this Lease, hazardous Tenant shall not install any Hazardous Material in the Premises without the specific written consent of Landlord. 40.6 Any increase in the premiums for necessary insurance on the Building or toxic substancesthe Property which arises from Tenant’s use and/or storage of Hazardous Materials shall be borne solely by Tenant. Tenant shall procure and maintain at its sole expense such additional insurance as may be necessary to comply with any requirement of any federal, materials state or wastes (collectively “Hazardous Materials”) inlocal governmental agency with jurisdiction. 40.7 If Landlord, underin its sole discretion, on or about reasonably believes that the Premises, the Building and/or or the Lot except Property have become contaminated with Hazardous Materials that must be removed under the laws of the State in which the Premises is located or otherwise in breach of the provisions of this Lease, Landlord, in addition to its other rights under this Lease, may enter upon the Premises and obtain samples from the Premises, including without limitation the soil and groundwater under the Premises, for usual the purposes of analyzing the same to determine whether and customary office products such as toner to what extent the Premises, the Building or cleaners the Property have become so contaminated. Tenant shall reimburse Landlord for the costs of any inspection, sampling and analysis that discloses contamination for which contain Tenant is liable under the terms of this Lease. Tenant may not perform any sampling, testing, or drilling to locate any Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in Materials on the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Premises without Landlord’s prior written consent. 40.8 Without limiting the foregoingabove, Tenant shall reimburse, defend, indemnify and hold Landlord and the Landlord Entities harmless from and against any Hazardous Materials in the Premisesand all claims, losses, liabilities, damages, costs and expenses, including without limitation, loss of rental income, loss due to business interruption, and all containers thereforattorneys fees and costs, shall be usedarising out of or in any way connected with the use, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportationmanufacture, storage, use, handling, or disposal of Hazardous Materials by Tenant, any Tenant Entities or Tenant’s contractors on, under or about the Premises including, without limitation, the costs of any required or necessary investigation, repair, cleanup or detoxification and the preparation of any closure or other required plans in connection herewith, whether voluntary or compelled by governmental authority. The indemnity obligations of Tenant under this Section shall survive the expiration or any termination of this Lease. At Landlord’s option, Tenant shall perform any required or necessary investigation, repair, cleanup, or detoxification of the Premises and the Property. In such case, Landlord shall have the right, in its sole discretion, to approve all plans, consultants, and cleanup standards. Tenant shall provide Landlord on a timely basis with (a) copies of all documents, reports, and communications with governmental authorities; and (b) notice and an opportunity to attend all meetings with regulatory authorities. Tenant shall comply with all notice requirements and Landlord and Tenant agree to cooperate with governmental authorities seeking access to the Premises for purposes of sampling or inspection. No disturbance of Tenant’s use of the Premises resulting from activities conducted pursuant to this Section shall constitute an actual or constructive eviction of Tenant from the Premises. In the event that such cleanup extends beyond the termination of this Lease, Tenant’s obligation to pay rent (including additional rent and percentage rent, if any) shall continue until such cleanup is completed and any certificate of clearance or similar document has been delivered to Landlord. Rent during such holdover period shall be at market rent; if the parties are unable to agree upon the amount of such market rent, then Landlord shall have the option of (i) increasing the rent for the period of such holdover based upon the increase in the cost-of-living from the third month preceding the commencement date to the third month preceding the start of the holdover period, using such indices and assumptions and calculations as Landlord in its sole reasonable judgment shall determine are necessary; or (ii) having Landlord and Tenant each appoint a qualified MAI appraiser doing business in the area; in turn, these two independent MAI appraisers shall appoint a third MAI appraiser and the majority shall decide upon the fair market rental for Premises as of the expiration of the then current term. Landlord and Tenant shall equally share in the expense of this appraisal except that in the event the rent is found to be within fifteen percent (15%) of the original rate quoted by Landlord, then Tenant shall bear the full cost of all the appraisal process. In no event shall the rent be subject to determination or modification by any person, entity, court, or authority other than as set forth expressly herein, and in no event shall the rent for any holdover period be less than the rent due in the preceding period. 40.9 Notwithstanding anything set forth in this Lease, Tenant shall only be responsible for contamination of Hazardous Materials or any cleanup resulting directly therefrom, resulting directly from matters occurring or Hazardous Materials deposited (other than by contractors, agents or representatives controlled by Landlord) during the Term (as the same may be extended), and any other period of time during which Tenant or Tenant’s Entities are in actual or constructive occupancy of the Premises; provided, however, that in no event shall Tenant be responsible for contamination of Hazardous Materials resulting from the BuildingHandling of Hazardous Material by Landlord or contractors, agents or representatives controlled by Landlord, or any condition pre-existing Tenant’s taking possession of the Lot Premises for any purpose. Tenant shall not be liable for any cost or anywhere on expense related to removal, cleaning, abatement or remediation of Hazardous Materials existing in the Premises prior to the date Landlord tenders possession of the Premises to Tenant, including, without limitation, Hazardous Materials in the ground water or soil, except to the extent that any of the foregoing results directly or indirectly from any act or omission by Tenant or any Tenant Entity or any Hazardous Materials disturbed, distributed or exacerbated by Tenant or any Tenant Entity. For purposes of this Article 40, Tenant, not Landlord, shall have the burden to prove with reasonable and unequivocal documentation that such Hazardous Materials were in fact preexisting in the Premises prior to the date Landlord delivered possession of the Premises to Tenant. Tenant shall take reasonable precautions to prevent the contamination of the Premises with Hazardous Materials by third parties. 40.10 It shall not be unreasonable for Landlord to withhold its consent to any proposed assignment or sublease if (a) the proposed assignee’s or sublessee’s anticipated use of the Premises involves the generation, storage, use, treatment or disposal of Hazardous Materials; (b) the proposed assignee or sublessee has been required by any prior landlord, lender, or governmental authority to take remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such assignee’s or sublessee’s actions or use of the property in question; or (c) the proposed assignee or sublessee is subject to an enforcement order issued by any governmental authority in connection with the use, disposal, or storage of a hazardous material. 40.11 Any of Tenant’s insurance insuring against claims of the type dealt with in this Article 40 shall be considered primary coverage for claims against the Property arising out of or resulting from under this Article 40. 40.12 In the acts or omissions event of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or (a) any transfer of Tenant’s use interest under this Lease; or (b) the termination of this Lease, by lapse of time or otherwise, Tenant shall be solely responsible for compliance with any and all then effective federal, state or local laws concerning (i) the physical condition of the Premises, results in (1) contamination of Building, or the soil, air, surface Property; or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with the presence of Hazardous Materials in or on the Premises, Building, or the Property (for example, the New Jersey Environmental Cleanup Responsibility Act, the Illinois Responsible Property Transfer Act, or similar applicable state laws), including but not limited to any reporting or filing requirements imposed by such Regulations. Tenant’s duty to pay any rent and approval additional rent shall continue until the obligations imposed by Landlord, to clean up all contamination such Regulations are satisfied in full compliance with all applicable statutes, regulations and standards, any certificate of clearance or similar document has been delivered to Landlord. 40.13 All consents given by Landlord pursuant to this Article 40 shall be in writing and (iii) shall be attached as amendments to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way If such consents are not attached to this Lease, then such consents will be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefordeemed withheld.

Hazardous Materials. Landlord represents Violate any Environmental Law or permit any Hazardous Material to Tenant that to Landlord’s knowledge, as be brought onto any of the Commencement DateRealty or any other property owned, the Premises shall be free of Hazardous Materials that would violate Requirements leased or operated by any Borrower or Subsidiary, except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises permitted by Tenant or any Tenant Partyapplicable law. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) If any Hazardous Materials Material is brought or found thereon or therein, except as may be permitted above (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is then only in strict compliance with all applicable Requirements. Without limiting Environmental Laws), Borrower, without cost or expense to the foregoing, Agent or any Hazardous Materials in the Premises, and all containers thereforLender, shall perform or cause to be usedperformed all required environmental response, keptremoval, stored disposal, corrective and disposed of with due care remedial actions in a diligent manner and in conformity accordance with all applicable RequirementsEnvironmental Laws. If the transportationThe Borrower shall promptly, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use after any officer of the Premises, results in (1) contamination Borrower learns or obtains knowledge of the soiloccurrence thereof, air, surface or ground water or (2) loss, damage or harm give written notice to person(s) or property, then Tenant agrees (i) to notify Landlord immediately the Agent of receipt of any contaminationwritten notice of violation or noncompliance, claim of contamination, loss order or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless request for information from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and Governmental Authority with respect to any Environmental Law, and shall promptly remedy any breach of any Environmental Law by Borrower. Agent shall have the foregoing. The right to enter upon the Realty or other property owned, leased or operated by the Borrower or any Subsidiary, or any part thereof (through its employees and/or agents), to verify compliance by Borrower with the terms of this Section 5.7 Agreement and to conduct such environmental assessments and audits as Agent shall apply deem advisable to any transportationfacilitate such verification; provided, handlinghowever, storageBORROWER HEREBY ACKNOWLEDGES THAT ALL HAZARDOUS MATERIAL HANDLING PRACTICES AND ENVIRONMENTAL PRACTICES AND PROCEDURES OF THE BORROWER AND ITS SUBSIDIARIES ARE THE SOLE RESPONSIBILITY OF THE BORROWER AND ITS SUBSIDIARIES, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforAND THE BORROWER HAS FULL DECISION-MAKING POWER WITH RESPECT THERETO. BORROWER FURTHER ACKNOWLEDGES THAT NEITHER THE AGENT NOR ANY LENDER IS AN ENVIRONMENTAL CONSULTANT, ENGINEER, INVESTIGATOR OR INSPECTOR OF ANY TYPE WHATSOEVER. NO ACT (OR DECISION NOT TO ACT) OF THE AGENT OR ANY LENDER RELATED TO THIS AGREEMENT OR ANY LOAN DOCUMENT SHALL GIVE RISE TO ANY OBLIGATION OR LIABILITY ON THE PART OF THE AGENT OR ANY LENDER WITH RESPECT TO ENVIRONMENTAL MATTERS. IN NO EVENT SHALL ANY INFORMATION OBTAINED FROM THE AGENT OR ANY LENDER OR THEIR RESPECTIVE AGENTS PURSUANT TO THIS AGREEMENT OR ANY LOAN DOCUMENT CONCERNING THE ENVIRONMENTAL CONDITION OF THE REALTY OR OTHER PROPERTY BE CONSIDERED BY THE BORROWER OR ANY SUBSIDIARY (OR ANY OTHER RECIPIENT OF SAID INFORMATION) AS CONSTITUTING LEGAL OR ENVIRONMENTAL CONSULTING, ENGINEERING, INVESTIGATING OR INSPECTING ADVICE, AND NEITHER THE BORROWER NOR ANY OF ITS SUBSIDIARIES (NOR ANY OTHER RECIPIENT OF SAID INFORMATION) SHALL RELY ON SAID INFORMATION. THE RESPONSIBILITY OF THE BORROWER AND ITS SUBSIDIARIES FOR COMPLIANCE WITH ENVIRONMENTAL LAWS RESTS SOLELY WITH THE BORROWER AND ITS SUBSIDIARIES.

Hazardous Materials. Landlord represents and Tenant agree that with respect to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free existence or use of Hazardous Materials that would violate Requirements except (as disclosed pursuant defined as such under current laws or regulations as may be amended from to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to time) on the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoingProperty, any Hazardous Materials in the Premiseshandling, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, treatment, disposal or use of Hazardous Materials, in any amount, by Tenant, Tenant’s agents, or any other party associated with Tenant must be absolutely and completely disclosed to and approved in writing by Landlord prior to its arrival in the Premises. Landlord may uncontestably withhold Landlord’s approval at Landlord’s sole discretion. Any withholding from Landlord of information relating to Hazardous Materials used or stored by Tenant shall constitute a material default under the terms of the Lease and shall be cause for lease termination at Landlord’s option. Any use or storage of any disclosed Hazardous Materials in or about the Property, which use or storage shall have been approved by Landlord, shall strictly comply with all applicable Hazardous Materials laws. Tenant shall, upon request by Landlord, provide proof of approvals by the governing authorities. Landlord’s consent or approval once given shall not constitute approval for any subsequent bringing of Hazardous Materials onto the Premises or Project. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the use, handlingstorage, treatment, transportation, release, or disposal of Hazardous Materials in on or about the Leased Premises or the Property by Tenant, Tenant’s agents, permitees, or invitees. If the presence of Hazardous Materials on the Leased Premises, the Building, or the Lot Project caused or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its permitted by Tenant’ Tenant’s agents, employees, contractors, invitees, guests or others acting by, through or under Tenantpermitees, or Tenant’s use invitees result in contamination or deterioration to any extent of water, soil, or any part of the Leased Premises, results in (1) contamination of the soilBuilding, air, surface or ground water or (2) loss, damage or harm to person(s) or propertythe Project, then Tenant agrees shall promptly take any and all action necessary to remove said Hazardous Materials and to return the Project (iand any other property of whatever nature) to notify their condition existing prior to the appearance of such Hazardous Materials. Landlord immediately may at any time and at Tenant’s sole cost perform any tests or investigations (including the installation of any contamination, claim testing ▇▇▇▇▇) it deems appropriate to determine the presence of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damageHazardous Materials on the Project. The provisions terms of this Section 5.7 clause shall survive the expiration or sooner termination of this Lease. No consent or approval of Landlord shall in In the event that any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal containers of Hazardous Materials irrespective appear upon the Property or the Premises, or materials are spilled upon the Property or the Premises, the responsibility for which cannot be reasonably determined, Landlord is hereby authorized to remove the containers or the spilled materials, and Tenant shall, upon demand by Landlord, reimburse Landlord for any costs associated with such removal and any repairs required by virtue of whether Tenant has obtained Landlord’s consent thereforsuch removal. If such removal and subsequent cost associated with such removal cannot be reasonably attributed to a specific space within the Project, the costs shall be apportioned on a pro-rata basis among all tenants in the Project.

Hazardous Materials. Tenant shall not cause or permit, or allow any of Tenant's Parties to cause or permit, any Hazardous Materials to be used, generated, stored or disposed of on or about the Premises or the Project. As used in this Lease, "Hazardous Materials" shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic substances," or other similar designations in any federal, state, or local law, regulation, or ordinance. Landlord represents shall have the right at all reasonable times to inspect the Premises and to conduct tests and investigations to determine whether Tenant that to Landlord’s knowledgeis in compliance with the foregoing provisions. Tenant shall indemnify, as defend, protect and hold Landlord harmless from and against all liabilities, losses, costs and expenses, demands, causes of action, claims or judgments directly or indirectly arising out of the Commencement Dateuse, the Premises shall be free generation, storage or disposal of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance ofof Tenant's Parties, which indemnity shall include, without limitation, the cost of any required or necessary repair, testing, cleanup or detoxification, and not in limitation ofthe preparation of any closure or other required remediation plans, whether such action is required or necessary prior to or following the foregoingtermination of this Lease. Neither the written consent by Landlord to the use, Landlord discloses generation, storage or disposal of Hazardous Materials nor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant, and Tenant acknowledges such disclosure, that 's obligation of indemnification pursuant to this Paragraph 4(d). Tenant's obligations pursuant to the interior foregoing indemnity shall survive the termination of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materialsthis Lease. Landlord further represents to Tenant that, as As of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost represents and expense, to remove or remediate (or cause the removal or remediation of) warrants that Landlord has not caused any Hazardous Materials (i) found in the Building during the performance to be disposed of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforProject.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledgeThe term “Hazardous Substances”, as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law”, which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the Commencement Date, environment. Tenant hereby agrees that no activity will be conducted on the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) will produce any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease TermSubstance, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, activities that (i) such cleansers, office supplies and products are ordinarily and customarily used in part of the ordinary course of first-class Tenant’s business offices and activities (iithe “Permitted Activities”) any such use is provided said Permitted Activities are conducted in strict compliance accordance with all applicable RequirementsEnvironmental Laws and have been approved in advance in writing by Landlord (Landlord hereby consents common operational tasks such as changing toners and replacing batteries); Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency in connection with such Permitted Activities. Without limiting Should it be determined, in Landlord’s reasonable opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within twenty-four (24) hours, Landlord shall have the foregoingright to perform such work and Tenant shall promptly reimburse Landlord for any and all costs associated with said work. Tenant agrees to indemnify, defend and hold harmless Landlord, its lenders, any Hazardous Materials in managing agents and leasing agents of the Premises, and their respective agents, partners, officers, directors and employees, from all containers thereforclaims, shall be useddemands, keptactions, stored liabilities, costs, expenses, damages (actual or punitive) and disposed obligations of with due care and in conformity with all applicable Requirements. If any nature arising from or as a result of any Hazardous Substances being brought into the transportation, storage, use, handling, Building or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Premises by Tenant or its agents, employees, or contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify . Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to will indemnify, defend and hold Landlord Tenant harmless from and against any claimsclaim, suitscost, causes of actiondamage, costs and fees, including, expense (including without limitation, limitation reasonable attorneys’ fees' fees and costs of defense but excluding indirect or consequential damages), loss, liability, or judgment now or hereafter arising as a result of any claim associated with any required clean-up or other actions arising from the existence, release or connected with any such contaminationthreatened release of Hazardous Substances on, claim in or under the Premises, to the extent not introduced or aggravated by the act or neglect of contaminationTenant or Tenant’s agents, loss employees or damagecontractors, that is either (i) released by Landlord or its agents, employees or contractors, or (ii) accruing prior to the Commencement Date. The provisions foregoing indemnifications and the responsibilities of this Section 5.7 Tenant and Landlord shall survive the termination or expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge(a) No Hazardous Materials (as hereinafter defined) shall be Handled (as hereinafter defined) upon, as about, above or beneath the Building or any portion of the Commencement DateBuilding by or on behalf of Tenant, the Premises its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials so Handled shall be free of known as “Tenant’s Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant PartyMaterials”. In furtherance of, and not in limitation of, Notwithstanding the foregoing, Landlord discloses to normal quantities of Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain ’s Hazardous Materials customarily used in the basement conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Building contains asbestos-containing materialswithout Landlord’s prior written consent. Tenant’s Hazardous Materials shall be Handled at all times in compliance with the applicable manufacturer’s instructions and all applicable Environmental Laws (as hereinafter defined). (b) Notwithstanding the obligation of Tenant to indemnify Landlord further represents pursuant to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleTenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority (as defined herein), or necessary for Landlord to remove make full economic use of the Building or remediate (any portion of the Building, which requirements or cause necessity arises from the removal or remediation of) any Handling of Tenant’s Hazardous Materials (i) found in upon, about, above or beneath the Building during the performance or any portion of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease TermBuilding. Such actions shall include, to the extent required by Requirements. Tenant shall but not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premisesbe limited to, the investigation of the environmental condition of the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course any portion of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot preparation of any feasibility studies or anywhere reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Building or any portion of the Building to the condition existing prior to the introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short- term effect on the Property arising out Building or any portion of the Building. Notwithstanding the foregoing prohibition against the location of Tenant’s Hazardous Materials upon, about, above or resulting from beneath the acts Building or omissions other portions of the Building, if Tenant causes any Tenant’s Hazardous Materials to be located upon, about, above or beneath the Building or any other portion of the Building, Tenant at its sole cost and expense will obtain insurance or other means of financial capability satisfactory to Landlord to assure compliance with the indemnity and other obligations of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or related to Tenant’s use Hazardous Materials set forth in this Lease. Such insurance or other means of the Premisesfinancial capability shall be on such forms, results in (1) contamination of the soilsuch amounts, air, surface or ground water or (2) loss, damage or harm with such persons as from time to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval time required by Landlord, and otherwise satisfactory to clean up all contamination in full compliance with all applicable statutesLandlord. (c) ▇▇▇▇▇▇ agrees to execute affidavits, regulations and standardsrepresentations, and (iii) the like from time to indemnify, defend time at ▇▇▇▇▇▇▇▇’s request stating ▇▇▇▇▇▇’s best knowledge and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive belief regarding the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal presence of Hazardous Materials irrespective of whether on the Building. Tenant has obtained Landlordshall promptly provide Landlord with any notices relating to ▇▇▇▇▇▇’s consent thereforHazardous Materials which Tenant is obligated to provide Landlord under Environmental Laws.

Hazardous Materials. Landlord represents Tenant agrees not to Tenant that cause or permit any hazardous material to Landlord’s knowledgebe discharged or brought upon, as of kept or used in or about the Commencement Datedemised premises or building or the land on which the demised premises are located, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant PartyTenant's employees, agents, contractors or invitees. In furtherance of, and not in limitation ofAs used herein, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which term "hazardous material" shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) mean any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substance, material or waste, including but not limited to, those substances, materials or wastes (collectively “now or hereinafter listed in the United States Department of Transportation Hazardous Materials”) inMaterials Table or by the Environmental Protection Agency as hazardous substances, underor such substances, on materials or wastes that are now or may become under any applicable federal, state or local law. If Tenant permits any hazardous material to be brought upon, kept or used in or about the Premisesdemised premises, the Building and/or building or the Lot except for usual and customary office products such as toner or cleaners land on which contain Hazardous Materials; providedthe building is located that the demised premises are a part, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface demised premises or ground water the building or (2) loss, damage or harm to person(s) or propertythe land on which the building is located that the demised premises are a part, then the Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to shall indemnify, defend and hold Landlord harmless from any and against any all claims, suitsjudgements, causes penalties, or losses, including but not limited to, damages or diminution in value of actionthe demised premises, the building or the land on which the building is located that the demised premises are a part. This indemnification of Landlord by Tenant includes but is not limited to costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected incurred in connection with any such contaminationinvestigation of site conditions or clean-up, claim remedial removal or restoration work required by any federal, state or local governmental agency or political subdivision because of contaminationhazardous materials present in the demised premises, loss the building or damagethe land on which the building is located that the demised premises are a part, or the soil thereon or ground water thereunder. The provisions Any failure by Tenant to promptly take all actions at the request of this Section 5.7 Landlord or any governmental authority to cease the storage, use or discharge of hazardous materials shall survive constitute a default under the expiration or termination terms of this Lease. No consent or approval Notwithstanding the foregoing to the contrary, Landlord agrees that Tenant may at any time store and use up to ten (10) gallons of Landlord isopropyl alcohol in connection with Tenant's operations. Tenant shall in any way be construed as imposing upon Landlord remain obligated for any liability for associated therewith and shall use the means, methods, or manner of removal, containment or other compliance with applicable Requirements for same in a careful and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforcautious manner.

Hazardous Materials. Landlord represents to Tenant that to Landlordshall not cause nor permit, nor allow any of Tenant's or Tenant’s knowledgeaffiliates’ employees, as of the Commencement Dateagents, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant customers, visitors, invitees, licensees, contractors, assignees or any subtenants (individually, a "Tenant Party. In furtherance of" and collectively, and not in limitation of"Tenant's Parties") to cause or permit, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (ias defined herein) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Termused on, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on under or about the Premises, the Building and/or or the Lot Property, without Landlord’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed), except for routine office and janitorial supplies in usual and customary office products quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Notwithstanding the foregoing, Tenant may, without Landlord’s prior consent, in compliance with all Applicable Laws, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of the Permitted Use, so long as such use is not a Reportable Use (as toner hereinafter defined) and does not, in Landlord’s good faith and reasonable business judgment, expose the Premises, the Building or cleaners which contain Hazardous Materialsthe Project, or any part thereof, or neighboring properties to any risk of contamination or damage or, in Landlord’s good faith and reasonable business judgment, expose Landlord to the possibility of any liability therefor; provided, that, for the sake of clarity, Tenant need not provide written notice to Landlord of Tenant’s use and storage of routine office and janitorial supplies so long as they are stored in usual and customary quantities, and stored, used and disposed of in accordance with all applicable Environmental Laws. In exercising its good faith and reasonable business judgment as described in the preceding sentence, Landlord agrees that it will make its determinations as to whether Hazardous Materials for which Tenant seeks Landlord’s consent expose the Premises, the Building or the Project, or any part thereof, or neighboring properties to any risk of contamination or damage, or expose Landlord to the possibility of any liability therefor in substantially the same manner and using substantially the same criteria as Landlord employs in making such determinations for comparable industrial tenants occupying comparable properties owned by Landlord and/or its affiliates. In addition, Landlord may (but without any obligation to do so) condition its consent to any Reportable Use of Hazardous Materials by Tenant upon Tenant’s giving Landlord such additional assurances as Landlord, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and the environment against damage, contamination or injury and/or liability therefor, including but not limited to the installation (and, at Landlord’s option, removal on or before Lease expiration or earlier termination) of reasonably necessary protective modifications to the Premises and/or the deposit of a security deposit. For purposes of this provision, the term “Reportable Use” shall mean (i) such cleansersthe installation or use of any above or below ground storage tank, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoinggeneration, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportationpossession, storage, use, handlingtransportation, or disposal of a prohibited or restricted Hazardous Materials in the Premises, the Building, the Lot or anywhere Material listed on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm Exhibit M to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standardsthis Lease, and (iii) the presence in, on or about the Premises of a Hazardous Material with respect to indemnifywhich any applicable laws require that a notice be given to persons entering or occupying the Premises (provided that the presence in, defend and hold Landlord harmless from and against on or about the Premises of a Hazardous Material with respect to which any claims, suits, causes Applicable Laws require that a notice be given to persons entering or occupying the Premises shall not be a Reportable Use so long as Tenant provides all such required notices). In no event shall Tenant use or store any of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of prohibited materials listed on Exhibit M to this Lease. No consent Tenant shall not install, operate or approval of Landlord shall in maintain any way be construed as imposing upon Landlord any liability for the meansabove or below grade tank, methodssump, or manner of removalpit, containment pond, lagoon or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use storage or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.treatment vessel or

Hazardous Materials. Landlord represents to Tenant acknowledges that to Landlord’s knowledgeit is responsible for compliance during the entire term of this Agreement with all federal, as of the Commencement Datestate, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced local laws, rules and regulations relating to the Premises by Tenant or any Tenant Party. In furtherance ofemission into the air, discharge onto lands and ground and surface waters, storage, use, and not in limitation ofdisposal of hazardous or toxic materials, the foregoing, Landlord discloses to Tenantsubstances, and Tenant acknowledges such disclosurewastes (collectively, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that“Hazardous Materials”), as of the date of this Leaseand all other federal, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsiblestate and local environmental laws, at its sole cost rules and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except regulations applicable to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Leased Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Termcollectively, to the extent required by Requirements“Environmental Laws”). Tenant shall not store, use, handle, transport, store, or dispose of on the Leased Premises or the Airport grounds any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot Materials except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable RequirementsEnvironmental Laws. Without limiting the foregoingFurther, Tenant shall not permit any of its subtenants to store, use, or dispose of any Hazardous Materials on the Leased Premises or Airport grounds except in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity strict compliance with all applicable RequirementsEnvironmental Laws. If In the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of event that Tenant or any of its agents, employees, contractors, invitees, guests subtenants causes or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the contributes to any soil, air, groundwater, surface water, or ground water other environmental contamination (collectively, “Environmental Contamination”), or (2) lossif any Environmental Contamination is attributable to any Hazardous Materials brought onto the Leased Premises or the Airport grounds by Tenant or any of its subtenants, damage Tenant shall at its sole expense promptly take all investigatory and/or remedial action reasonably required for the remediation of such Environmental Contamination. Prior to undertaking any investigatory or harm to person(s) or propertyremedial action, then however, Tenant agrees (i) to notify Landlord immediately shall first obtain Landlord’s approval of any contaminationproposed investigatory or remedial action. Should Tenant fail at any time to promptly take such action, claim of contamination, loss or damage, (ii) after consultation with Landlord may enter the Leased Premises and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations undertake such action at Tenant’s sole cost and standardsexpense, and Tenant shall reimburse Landlord for all such expenses within thirty (iii30) to indemnifydays of being billed for those expenses, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damageamount not paid within that thirty (30) day period shall thereafter be deemed delinquent rent. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall These obligations are in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply addition to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether defense and indemnity obligations that Tenant has obtained Landlord’s consent thereformay have under this Agreement.

Hazardous Materials. Landlord represents to 4.2.1 Tenant represents, warrants and covenants that to Landlord’s knowledge, as during the Term of the Commencement DateLease it shall not use, cause to be used, or store any Hazardous Materials on the Premises or dispose of any Hazardous Materials on or from the Premises in any fashion that violates applicable Legal Requirements or Insurance Requirements. In addition, Tenant shall be free promptly notify Landlord of any release of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS at, on or from the Premises. Nothing herein shall prohibit Tenant from (a) using cleaning fluid and supplies customarily used in school facilities, (b) chemicals and other laboratory materials customarily used in science labs, (c) medical office supplies, medical equipment, pharmaceuticals and first aid kits customarily stored and used in school nurse’s offices, and (d) arts and crafts materials customarily used in school facilities, any of which may constitute Hazardous Materials introduced to but which are customarily present in schools; provided that such use and storage in the Premises by Tenant or any Tenant Party. In furtherance ofis in strict compliance with Legal Requirements, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent all such Hazardous Materials are existing in 4 Please confirm name and time frame . removed from the Premises on or prior to the expiration or sooner termination of the Lease if Tenant's failure to remove such Hazardous Materials would violate applicable Legal Requirements. If Tenant shall use or store any Hazardous Materials within the Premises in violation a manner that shall violate any Legal Requirements, Tenant shall immediately notify Landlord of Landlordthe same, and shall thereafter submit to Landlord annual reports regarding Tenant’s representation set forth in the first sentence use, storage, and disposal of this paragraph or (ii) any such Hazardous Materials; provided that Tenant shall not have any obligation to submit such annual reports as to any Hazardous Materials originally introduced to the Premises by Landlord or a Landlord Party (including, without limitation, in connection with Landlord’s Work). In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s reasonable request concerning Tenant’s best knowledge and belief regarding the presence or absence of Hazardous Materials on the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall, in accordance with all Legal Requirements, remove any and all Hazardous Materials at the Premises that are owned or controlled by Tenant or by its agents, invitees, employees or its contractors, and Tenant shall be responsible for all costs of the same including, but not limited to, those resulting from monitoring, clean-up or compliance with all Legal Requirements. In addition, Tenant shall keep the Premises free from mold, asbestos, lead based paint and any and all other bacteria, fungi, substances and materials (whether or not such substances and materials also constitute Hazardous Materials) that may exist in quantities or concentrations harmful to the health or safety of any occupants of the Premises (any of the same being a “Dangerous Condition”). In the event Tenant becomes aware of any Dangerous Condition coming into existence after the Commencement Date and during of the Lease Term, Tenant shall immediately notify Landlord of such Dangerous Condition. 4.2.2 If Tenant shall be required to provide Landlord any of the extent required by notices under Section 4.2.1, then Tenant shall thereafter initiate and diligently prosecute to completion all actions necessary pursuant to Legal Requirements to investigate, assess, respond to, remove, ▇▇▇▇▇, contain, encapsulate, sample, clean up, monitor or remediate such release of Hazardous Materials or such Dangerous Condition, as the case may be. All of the foregoing work shall be performed at Tenant’s sole cost and expense in compliance with all Legal Requirements. Tenant shall not use, handle, transport, store, or dispose provide Landlord notice of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premisesactivities undertaken by Tenant pursuant to this Section, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use keep Landlord apprised of the Premises, progress and results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then same. Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend shall indemnify and hold Landlord and each other Landlord Party harmless from and against any and all costs, claims, suits, causes of action, costs and feeslosses, includinginjuries or damage, including without limitation, personal injury damage (including death) and damage to property as well as any and all sums paid for settlement of claims, reasonable attorneys’ attorney’s fees, consultant and expert fees arising during the Term as a result of a breach by Landlord of Section 4.2.1 or resulting from the presence or connected with any such contaminationremoval of Hazardous Materials from the Premises which are placed on the Premises by Tenant or by its agents, claim of contaminationinvitees, loss employees or damagecontractors. The provisions of this Section 5.7 foregoing indemnities shall survive the expiration or earlier termination of this Lease. No consent or approval . 4.2.3 Landlord represents, warrants and covenants that, during the Term of the Lease, Landlord shall not use, cause to be used, or store any Hazardous Materials within the Premises, or dispose of any Hazardous Materials at or from the Premises, in any way fashion that violates applicable Legal Requirements; provided, however, that Landlord shall not be construed as imposing upon prohibited from using Hazardous Materials typically used in connection with Landlord’s Work, provided, that such use complies with Legal Requirements, and that Landlord shall remove such Hazardous Materials from the Premises on or before Commencement Date if Landlord’s failure to so remove such Hazardous Materials would violate applicable Legal Requirements. In addition, Landlord shall promptly notify Tenant of the following: (i) if Landlord receives written notice that, between the Effective Date and the Commencement Date, there shall occur any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal release of Hazardous Materials irrespective at, on or from the Premises by any person other than Tenant or any Tenant Party; or (ii) if, between the Effective Date and the Commencement Date, Landlord or any of whether its agents, employees or contractors shall cause any release of Hazardous Materials at, on or from the Premises; or (iii) if, between the Effective Date and the Commencement Date, Landlord or any of its agents, employees or contractors shall cause any Dangerous Condition on the Premises. 4.2.4 If Landlord shall be required to provide Tenant has obtained any of the notices under Section 4.2.3, then Landlord shall thereafter initiate and diligently prosecute to completion all actions necessary pursuant to Legal Requirements to investigate, assess, respond to, remove, ▇▇▇▇▇, contain, encapsulate, sample, clean up, monitor or remediate such release of Hazardous Materials or such Dangerous Condition, as the case may be. All of the foregoing work shall be performed at Landlord’s consent therefor.sole cost and expense in compliance with all Legal Requirements. Landlord shall provide Tenant notice of any activities undertaken by Landlord pursuant to this Section, and shall keep Tenant apprised of the progress and results of the same. Landlord shall indemnify and hold Tenant and each other Tenant Party harmless from and against any and all costs, claims, suits, causes of action, losses, injuries or damage, including without limitation, personal injury damage (including death) as well as damage to property as well as any and all sums paid for settlement of claims, reasonable attorney’s fees, consultant and expert fees arising during the Term as a result of a breach by Landlord of Section

Hazardous Materials. Landlord represents to Tenant that to LandlordTo Seller’s knowledge, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, (i) there are no CFC-based refrigerants in underground storage tanks on the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or Property; (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on no underground storage tanks have been removed from the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenantduring Seller’s use ownership of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and Property; (iii) to indemnifyno enforcement, defend and hold Landlord harmless from and against any claimscleanup, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment removal or other compliance with applicable Requirements for governmental or regulatory actions are threatened or pending against Seller, the Property or any land immediately adjacent to the Property; and (iv) no claims have been made by any third party or other person with respect to the foregoingProperty relating to damage, contribution, cost recovery, compensation, loss or injury resulting from Hazardous Materials. SELLER HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. PURCHASER HEREBY ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY REPRESENTED AND WARRANTED ABOVE, PURCHASER IS BUYING THE PROPERTY IN ITS “AS IS” CONDITION, WITH ALL FAULTS AND DEFECTS. WITHOUT LIMITING THE FOREGOING IN ANY WAY, PURCHASER HEREBY ACKNOWLEDGES THAT SELLER HAS MADE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SELLER HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES. At Closing, Seller shall represent and warrant to Purchaser by delivering to Purchaser a certificate (the “Seller’s Representation Certificate”) certifying that all representations and warranties of Seller in this Agreement remain true, correct and complete in all material respects as of the Closing Date. Purchaser may terminate this Agreement and receive the ▇▇▇▇▇▇▇ Money if Seller fails to deliver Seller’s Representation Certificate at Closing without any material exception or qualification, except as to exceptions or qualifications which are permitted or contemplated pursuant to Section 8 hereof. The terms representations and warranties of Seller under this Section 5.7 Agreement shall apply survive for a period of six (6) months following the Closing Date (such period, the “Survival Period”). Unless Seller receives from Purchaser, prior to the expiration of the Survival Period, written notice of any claims that Purchaser intends to make against Seller in respect of any of representations and warranties made by Seller under this Agreement, upon the expiration of the Survival Period, Purchaser shall automatically forfeit and waive any and all rights to raise, make or pursue any and all claims against Seller in respect of any representation and warranty made under this Agreement and any agreement, instrument or document executed, issued or delivered in connection with this Agreement. With respect to any transportationclaim properly made by Purchaser prior to the expiration of the Survival Period, handlingPurchaser agrees to first seek recovery under any insurance policies, storageService Contracts and Leases prior to seeking recovery from Seller; provided, use however, that if recovery under any insurance policies, Service Contracts or disposal Leases is not obtained within ninety (90) days of Hazardous Materials irrespective Purchaser’s giving the notice set forth above, despite Purchaser using diligent efforts to obtain such recovery, then Purchaser may pursue its remedies under this Section. Seller shall not be liable to Purchaser if Purchaser’s claim is satisfied from such insurance policies, Service Contracts or Leases. In no event shall Seller’s aggregate liability to Purchaser for breach of whether Tenant has obtained Landlordany representation or warranty of Seller in this Agreement or the Seller’s consent thereforRepresentation Certificate to be delivered by Seller at Closing exceed the total aggregate amount of Four Hundred Thousand and 00/100 DOLLARS ($400,000).

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation ofa) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant GSA IV shall not (either with or without negligence) cause or permit the use, handlestorage, transportgeneration, storeescape, disposal or dispose release of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premisesany manner not sanctioned by law. In all events, GSA IV shall indemnify and hold Grantor harmless from any and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suitsdamages, causes of actionfines, costs and feesjudgments, penalties, costs, liabilities or losses (including, without limitation, reasonable any and all sums paid for settlement of claims, attorneys’ ' fees, arising and consultants' and experts' fees) from the presence or connected release of any Hazardous Materials on the Easement Area if caused by GSA IV or persons acting under GSA IV. GSA IV shall execute such affidavits, representations and the like from time to time as Grantor may reasonably request concerning GSA IV's best knowledge and belief as to the presence of Hazardous Materials within the Easement Area. (b) Grantor shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal or release of any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall Hazardous Materials in any way be construed as imposing upon Landlord manner not sanctioned by law, provided, however, that, without accepting any liability for such condition, GSA IV acknowledges and accepts the meanscondition that the Grantor’s Property is a former solid-waste landfill. In all events, methodsGrantor shall indemnify and hold GSA IV harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) from the presence or release of any Hazardous Materials on Grantor's Property unless caused by GSA IV or persons acting under GSA IV. Grantor shall execute such affidavits, representations and the like from time to time as GSA IV may reasonably request concerning Grantor's best knowledge and belief as to the presence of Hazardous Materials on Grantor's Property. (c) For purposes of this Easement, the term "Hazardous Materials" means any substance which is (i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials, or manner (viii) radioactive materials. "Environmental Law(s)" means the Comprehensive Environmental Response, Compensation, and Liability Act of removal1980, containment 42 U.S.C. Sections 9601, et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections 1251, et seq., as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other compliance with applicable Requirements for and with respect to federal, state or local law, statute, rule, regulation or ordinance which regulates or proscribes the foregoing. The terms of this Section 5.7 shall apply to any transportation, handlinguse, storage, use disposal, presence, clean-up, transportation or disposal release or threatened release into the environment of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforMaterials.

Hazardous Materials. Landlord represents The term “Hazardous Materials” means any substance, material, or waste that is now or hereafter classified or considered to Tenant that be hazardous, toxic, or dangerous under any Law relating to Landlord’s knowledgepollution or the protection or regulation of human health, as natural resources or the environment, or poses or threatens to pose a hazard to the health or safety of the Commencement Date, persons on the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by RequirementsProject. Tenant shall not use, handle, transportgenerate, store, or dispose of any oilof, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about permit the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handlinggeneration, storage or disposal of Hazardous Materials on or about the Premises or the Project except in a manner and quantity necessary for the Premisesordinary performance of Tenant’s business, the Buildingand then in compliance with all Laws. If Tenant breaches its obligations under this Section 24(w), the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Landlord may upon five (5) days prior notice to Tenant, or Tenant’s use of the Premises, results such shorter time required by Law or in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm order to person(s) minimize any hazard to person or property, then Tenant agrees (i) take any and all action reasonably appropriate to notify Landlord immediately remedy the same, including taking all appropriate action to clean-up or remediate any contamination resulting from Tenant’s use, generation, storage or disposal of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standardsHazardous Materials, and Tenant shall reimburse to Landlord an amount equal to Landlord’s costs plus three percent (iii3%) to for overhead which shall be payable within thirty (30) days after Tenant’s receipt of an invoice therefor, together with commercially reasonable supporting evidence. Notwithstanding Landlord’s indemnity contained in Section 11(d) above, Tenant shall defend, indemnify, defend and hold harmless Landlord harmless and its representatives and agents from and against any claims, suits, causes of action, costs and fees, including, without limitation, all Claims(including reasonable attorneys’ fees, cost of clean-up investigation and remediation and diminution in the value of the Premises or other portion of the Project) arising from or connected Tenant’s failure to comply with any such contamination, claim of contamination, loss or damage. The the provisions of this Section 5.7 24(u). To the extent that Landlord is held strictly liable by a court or governmental agency of competent jurisdiction, Tenant’s obligation to Landlord under the foregoing indemnification shall likewise be without regard to fault on Tenant’s part. This indemnity provision shall survive the expiration or termination end of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforTerm.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of (a) During the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date term of this Lease, there are no CFC-based refrigerants Tenant shall comply with all Environmental Laws and Environmental Permits (each as defined in Section 25(i) below) applicable to the operation or use of the Premises, will cause all other persons occupying or using the Premises to comply with all such Environmental Laws and Environmental Permits, will immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance, and will obtain and renew all Environmental Permits required for operation or use of the Premises. (b) Tenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of Hazardous Materials (as defined in Section 25(i) hereof) on the Premises, or the Complex, or transport or permit the transportation of Hazardous Materials to or from the Premises or the Complex except (i) for limited quantities used or stored at the Premises and required in connection with the routine operation and maintenance of the Premises such as office products and cleaning supplies, and then only in compliance with all applicable Environmental Laws, and (ii) as disclosed by Tenant in the Building’s base building HVAC systemEnvironmental Questionnaire attached as Exhibit I. (c) At any time and from time to time during the term of this Lease, Landlord may perform an environmental site assessment report concerning the Premises, prepared by an environmental consulting firm chosen by Landlord, indicating the presence or absence of Hazardous Materials caused or permitted by Tenant and the potential cost of any compliance, removal or remedial action in connection with any such Hazardous Materials on the Premises. Tenant shall grant and hereby grants to Landlord and its agents access to the Premises and specifically grants Landlord an irrevocable non-exclusive license to undertake such an assessment. If such assessment report indicates the presence of Hazardous Materials caused or permitted by Tenant in violation of the terms of the Lease, then such report shall be responsible, at its Tenant’s sole cost and expense, and the cost of such assessment shall be immediately due and payable by Tenant to remove Landlord within thirty (30) days of receipt of an invoice therefor. (d) Tenant will promptly advise Landlord in writing of any of the following: (1) any pending or remediate threatened Environmental Claim (as defined in Section 25(i) below) against Tenant relating to the Premises or the Complex; (2) any condition or occurrence on the Premises or the Complex that (a) results in noncompliance by Tenant with any applicable Environmental Law, or (b) could reasonably be anticipated to form the basis of an Environmental Claim against Tenant or Landlord or the Premises; (3) any condition or occurrence on the Premises or any property adjoining the Premises that could reasonably be anticipated to cause the Premises to be subject to any restrictions on the ownership, occupancy, use or transferability of the Premises under any Environmental Law; and (4) the actual or anticipated taking of any removal or remediation ofremedial action by Tenant in response to the actual or alleged presence of any Hazardous Material on the Premises or the Complex. All such notices shall describe in reasonable detail the nature of the claim, investigation, condition, occurrence or removal or remedial action and Tenant’s response thereto. In addition, Tenant will provide Landlord with copies of all communications regarding the Premises with any governmental agency relating to Environmental Laws, all such communications with any person relating to Environmental Claims, and such detailed reports of any such Environmental Claim as may reasonably be requested by Landlord. (e) Tenant will not change or permit to be changed the present use of the Premises unless Tenant shall have notified Landlord thereof in writing and Landlord shall have determined, in its sole and absolute discretion, that such change will not result in the presence of Hazardous Materials on the Premises except for those described in Section 25(b) above. (f) TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNITEES FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITS, JUDGMENTS, LIABILITIES, PENALTIES, DAMAGES (INCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES), COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST SUCH INDEMNITEES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OR RESULTING FROM (A) THE ACTUAL OR ALLEGED PRESENCE OF HAZARDOUS MATERIALS ON THE COMPLEX WHICH IS CAUSED OR PERMITTED BY TENANT OR A TENANT PARTY AND (B) ANY ENVIRONMENTAL CLAIM RELATING IN ANY WAY TO TENANT’S OPERATION OR USE OF THE PREMISES (THE “TENANT HAZARDOUS MATERIALS INDEMNIFIED MATTERS”). THE FOREGOING INDEMNITY SHALL NOT INCLUDE ANY HAZARDOUS MATERIALS THAT WERE LOCATED AT THE PREMISES OR THE PROJECT ON THE DELIVERY DATE, NOR ANY HAZARDOUS MATERIALS PLACED ON THE PREMISES OR PROJECT BY LANDLORD, ITS EMPLOYEES, AGENTS, OR CONTRACTORS. THE PROVISIONS OF THIS SECTION 25 SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS LEASE. (g) To the extent that the undertaking in the preceding paragraphs may be unenforceable because it is violative of any law or public policy, Tenant will contribute the maximum portion that it is permitted to pay and satisfy under applicable Law to the payment and satisfaction of all Tenant Hazardous Materials Indemnified Matters incurred by the Indemnitees. (h) All sums paid and costs incurred by Landlord with respect to any Hazardous Materials (i) found in Indemnified Matter shall bear interest at the Building during Default Rate from the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph date so paid or (ii) introduced to the Premises incurred until reimbursed by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the PremisesTenant, and all containers therefor, such sums and costs shall be used, kept, stored immediately due and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere payable on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefordemand.

Hazardous Materials. Landlord represents (a) Lessee shall operate and maintain the CREZ Assets and conduct all of its other activities in respect thereof in compliance in all material respects with any Environmental Laws and other Applicable Laws relating to Tenant that to Landlord’s knowledgeair, as of water, land and the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportationgeneration, storage, use, handling, transportation, treatment or disposal of Hazardous Materials Materials. Lessee shall promptly notify Lessor of any such violation that is a Lessor Material Matter. To the extent Lessee becomes aware of any environmental, health, safety or security matter that requires a corrective action, Lessee shall (in consultation with Lessor in the Premisescase of any Lessor Material Matter) undertake and complete such corrective action. Lessee shall have the obligation to report any such violations to the appropriate Regulatory Authorities in accordance with Applicable Law and, if practicable, shall give notice thereof to Lessor prior to making such report with respect to any Lessor Material Matter. (b) Without limiting the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use generality of the Premisesforegoing, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees Lessee shall not (i) to notify Landlord immediately of place or locate any contamination, claim of contamination, loss or damageunderground tanks on the property underlying the CREZ Assets, (ii) after consultation with and approval generate, manufacture, transport, produce, use, treat, store, release, dispose of or otherwise deposit Hazardous Materials in or on the CREZ Assets, the property underlying the CREZ Assets or any portion thereof other than as permitted by LandlordEnvironmental Laws that govern the same or are applicable thereto, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) permit any other substances, materials or conditions in, on or emanating from the CREZ Assets, the property underlying the CREZ Assets or any portion thereof which may support a claim or cause of action under any Applicable Law or (iv) undertake any action that would reasonably be expected to indemnifycause an unauthorized release of Hazardous Materials at the property underlying the CREZ Assets. (c) Lessee shall periodically, defend at intervals determined in its reasonable discretion in accordance with Good Utility Practice or as required by Applicable Law, at Lessee’s sole expense, conduct inspections of all components of the CREZ Assets to ensure compliance with Applicable Laws and hold Landlord harmless with this Section 4.6, and shall promptly notify Lessor of the results of any such inspections. Lessor may, at Lessor’s expense, conduct its own testing at times determined in its reasonable discretion, and after reasonable consultation with Lessee, to ensure Lessee’s compliance with Applicable Laws and with this Section 4.6, provided, however, that Lessor agrees to indemnify Lessee from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, all Claims suffered or incurred by Lessee and arising from or connected Lessor’s testing in accordance with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor12.2.

Hazardous Materials. Landlord represents and Tenant agree as follows with respect to the existence or use of "Hazardous Material" (as defined below) on the Premises: 4.5.1 Tenant that shall (i) not cause or permit any Hazardous Material to Landlord’s knowledgebe brought upon, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to kept or used in or about the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, contractors or invitees, guests or others acting bywithout the prior written consent of Landlord which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary for Tenant's business and will be used, through or under Tenantkept and stored in a manner that complies with all Laws pertaining to any such Hazardous Material. If Tenant breaches the obligations stated in the preceding sentence, or Tenant’s use if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, results in (1) or if contamination of the soil, air, surface or ground water or (2) loss, Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage or harm to person(s) or propertyresulting therefrom, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to shall indemnify, defend and hold Landlord harmless from any and against any all claims, suitsjudgments, causes of actiondamages, costs and feespenalties, fines, costs, liabilities or losses (including, without limitation, reasonable diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of space in the building in which the Premises is located, and sums paid in settlement of claims, attorneys’ 's fees, arising from consultant fees and expert fees) which arise during or connected after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Property. Without limiting the foregoing, if the presence of any Hazards Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive Hazardous Material to the expiration or termination of this Lease. No consent or Premises; provided that (i) Landlord's approval of Landlord 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 Premises and (ii) such actions are calculated to cause the least amount of inconvenience to other Tenants. 4.5.2 Notwithstanding anything in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect this Lease to the foregoing. The terms of this Section 5.7 contrary, it shall apply not be unreasonable for Landlord to withhold its consent to any transportationproposed assignment, handlingsublease of transfer if (i) the proposed transferee's anticipated use of the Premises involves the generation, storage, use use, treatment or disposal of Hazardous Materials irrespective Material; (ii) the proposed transferee has been required by any prior landlord, lender or governmental authority to take remedial action in connection with Hazardous Material contaminating a property if the contamination resulted from such transferee's actions or use of whether Tenant has obtained Landlord’s consent therefor.the property in question; or

Hazardous Materials. Landlord represents (a) In the event that Tenant discovers the presence of Hazardous Materials (as defined below in this Section 6.7) on or under the Leased Premises subsequent to Tenant that to Landlord’s knowledge, as of the Commencement Date, Tenant shall, within five (5) days of such discovery, notify Landlord in writing of such discovery and shall promptly thereafter provide a reasonably detailed description of the location, extent and nature of the Hazardous Materials discovered, and if it is determined that the Hazardous Materials were placed or discharged after the Commencement Date by persons other than Master Landlord, Landlord or their Representatives, MiniMed's plan to remediate such contamination. All remediation which is undertaken with respect to the Leased Premises shall be free of comply with all Governmental Restrictions. (b) In the event that any Hazardous Materials that would violate Requirements except as disclosed are or were discharged in, on or under the Leased Premises by Master Landlord or Landlord or any of its Representatives or anyone else acting on behalf of Landlord before or after the Commencement Date, or anyone else before the Commencement Date, and such Hazardous Materials are required to be remediated pursuant to Exhibit EXISTING CONDITIONS applicable laws or the same has a material and adverse affect upon Tenant's use of or operation of the Leased Premises or the Improvements, Landlord shall perform or cause to be performed the necessary clean-up of such Hazardous Materials introduced to on or affecting the Leased Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses Improvements at no expense to Tenant, and Landlord shall defend, indemnify and hold Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain and MiniMed harmless against and from all clean up costs in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date connection therewith. (c) For purposes of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall term "Hazardous Materials" means any chemical, substance, object, condition, material, waste, or controlled substance which is or may be responsible, at its sole cost and expense, hazardous to remove human health or remediate (safety or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely environment, due to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Termits radioactivity, to the extent required by Requirements. Tenant shall not useignitability, handlecorrosiveness, transportexplosivity, storeflammability, reactivity, toxicity, infectiousness, or dispose of any oil, hazardous other harmful or toxic substances, materials potentially harmful properties or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and feeseffects, including, without limitation, reasonable attorneys’ feesall chemicals, arising from substances, materials, or connected with any such contaminationwastes that are now or hereafter may be listed, claim of contaminationdefined, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall regulated in any way be construed as imposing upon Landlord manner by any liability for the meansfederal, methodsstate, or manner of removallocal government agency or entity, containment or other compliance with applicable Requirements for and with respect under any federal, state, or local law, regulation, ordinance, rule, policy or procedure due to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use such properties or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforeffects.

Hazardous Materials. Landlord represents 29.1 Tenant shall comply with any and all laws, regulations, or orders with respect to the discharge and removal of Hazardous Materials (as hereinafter defined), shall pay immediately when due the costs of removal of any Hazardous Material, and shall keep the Premises free of any lien imposed pursuant to such laws, regulations, or orders. In the event Tenant fails to do so, after notice to Tenant that and the expiration of the earlier of (i) applicable cure periods hereunder, or (ii) the cure period permitted under applicable law, regulation, or order, Landlord may either declare such failure a default or cause the Premises to be freed from the Hazardous Material with cost of the removal, together with interest thereon at the rate specified in Section 4.1, payable to Landlord upon demand. Tenant further agrees not to release or dispose of any Hazardous Material at the Premises unless such release or discharge is in compliance with all applicable laws and regulations. In addition, Tenant agrees not to allow the manufacture, storage, transmission or presence of any Hazardous Material over or upon the Premises which is not in compliance with all applicable laws. Subject to the provisions of Section 15.1 hereof, Landlord shall have the right to conduct an environmental audit of the Premises and Tenant shall cooperate in the conduct of such environmental audit. Tenant shall give Landlord and its agents and its employees access to the Premises to remove Hazardous Materials which are not in compliance with all applicable laws and Tenant agrees to defend, indemnify and hold Landlord’s knowledge, as free and harmless from and against all loss, costs, damage and expense (including reasonable attorneys’ fees and costs) Landlord may sustain by reason of the assertion against Landlord, by any party of any claim in connection with any Hazardous Material placed on the Premises by Tenant. Landlord agrees to defend, indemnify and hold Tenant, free and harmless from and against all loss, costs, damage and expense (including reasonable attorneys’ fees and costs) Tenant may sustain by reason of the assertion against Tenant, by any party of any claim in connection with any Hazardous Material arising from (i) any act or omission of Landlord occurring prior to, during or after the Term, (ii) any presence of Hazardous Materials on the Premises prior to the Commencement Date, and (iii) any presence of Hazardous Material on the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant not due to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or Tenant, its agents, employees, contractors, agents or invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 foregoing indemnities shall survive the expiration or earlier termination of the Term. 29.2 For the purposes of this Lease. No consent , "Hazardous Material" means and includes any hazardous toxic or approval of Landlord shall dangerous waste, substance or material defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation Recovery Act, any way be construed as imposing upon Landlord any liability for the means, methodsso-called "Superfund' or "Superlien" law, or manner of removalany other federal, containment state or local statute, law, ordinance, code, rule, regulation, order, decree or other compliance with applicable Requirements for and with respect to the foregoing. The terms requirement of this Section 5.7 shall apply to any transportationgovernmental authority regulating, handlingrelating to, storageor imposing liability or standards of conduct concerning, use any hazardous, toxic or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefordangerous waste, substance or material, as now or at any time hereafter in effect.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledgeThe term "Hazardous Substances", as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by an "Environmental Law", which term shall mean any federal, state or local ordinance relating to pollution or protection of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirementsenvironment. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, hereby agrees that (i) no activity will be conducted on the Premises that will produce any Hazardous Substance, except for such cleansers, office supplies activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and products have been approved in advance in writing by Landlord; (ii) the Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are ordinarily and customarily used in the ordinary course of first-class Tenant's business offices (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental laws and approved in advance in writing by Landlord; (iiiii) no portion of the Premises will be used as a landfill or a dump; (iv) Tenant will not install any such use is in strict compliance underground tanks of any type; (v) Tenant will not allow any surface or subsurface conditions to exist to come into existence that constitute or, with all applicable Requirements. Without limiting the foregoingpassage of time, may constitute a public or private nuisance; (vi) Tenant will not permit any Hazardous Substances to be brought onto the premises except for the Permitted Materials in and if so brought or found located thereon, the Premisessame shall be immediately removed, with proper disposal, and all containers therefor, required cleanup procedures shall be useddiligently undertaken pursuant to all Environmental Laws. Tenant shall be solely responsible for and shall defend, keptindemnify and hold Landlord, stored its agents and disposed employees harmless from and against all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with due care Tenant's breach of its obligations contained in this Section 7.2. Tenant shall be solely responsible for and shall defend, indemnify and hold Landlord, its agents and employees harmless from and against any and all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in conformity connection with all applicable Requirements. If the transportationremoval, storage, use, handling, or disposal of Hazardous Materials in cleanup and restoration work and materials necessary to return the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or Land and any other property, then Tenant agrees (i) to notify Landlord immediately their condition existing prior to the appearance of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damageTenant's Hazardous Substances. The provisions of Tenant's obligations under this Section 5.7 7.2 shall survive the expiration or other termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of (a) During the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date Term of this Lease, there are no CFC-based refrigerants Tenant shall comply with all Environmental Laws and Environmental Permits (each as defined in Section 23(i) below) applicable to the operation or use of the Premises, will cause all other persons occupying or using the Premises to comply with all such Environmental Laws and Environmental Permits, will immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance, and will obtain and renew all Environmental Permits required for operation or use of the Premises. (b) Tenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of Hazardous Materials (as defined in Section 23(i) hereof) on the Premises, or the Project, or transport or permit the transportation of Hazardous Materials to or from the Premises or the Project except (i) for limited quantities used or stored at the Premises and required in connection with the routine operation and maintenance of the Premises such as office products and cleaning supplies, and then only in compliance with all applicable Environmental Laws, and (ii) as disclosed by Tenant in the Building’s base building HVAC systemEnvironmental Questionnaire attached as Exhibit I. (c) At any time and from time to time during the term of this Lease, Landlord may perform an environmental site assessment report concerning the Premises, prepared by an environmental consulting firm chosen by Landlord, indicating the presence or absence of Hazardous Materials caused or permitted by Tenant and the potential cost of any compliance, removal or remedial action in connection with any such Hazardous Materials on the Premises. Tenant shall grant and hereby grants to Landlord and its agents access to the Premises and specifically grants Landlord an irrevocable non-exclusive license to undertake such an assessment. If such assessment report indicates the presence of Hazardous Materials caused or permitted by Tenant in violation of the terms of the Lease, then such report shall be responsible, at its Tenant’s sole cost and expense, and the cost of such assessment shall be immediately due and payable by Tenant to remove or remediate Landlord within thirty (or cause 30) days of receipt of an invoice therefor. (d) Tenant will promptly advise Landlord in writing of any of the removal or remediation offollowing: (1) any Hazardous Materials pending or threatened Environmental Claim (ias defined in Section 23(i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced against Tenant relating to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.the

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledgeshall not cause or permit the storage, as use, generation or disposition of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (ias hereinafter defined) found in at the Building during Facility without the performance prior written consent of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by RequirementsRanch 505. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless Ranch 505 from and against any claimsall fines, suits, causes procedures, claims and actions of actionevery kind, and all costs and fees, including, without limitation, reasonable associated therewith (including attorneys’ and consultants’ fees, ) arising from out of or in any way connected with any such contamination, claim of contamination, loss or damage. The provisions Tenant’s violation of this provision. Tenant’s obligations and liabilities under this Section 5.7 shall survive the expiration or termination of this LeaseAgreement. No consent For purposes of this Agreement, the term “Hazardous Materials” means any explosives, fireworks, radioactive materials or approval other hazardous substances. A Ranch 505 staff person will be on duty during the entire time of Landlord the rental. The Tenant is responsible for the conduct and behavior of the group using the facility. Costs for any needed call for security due to unruly behavior during an event by Ranch 505 will be deducted from the Security and Damage Deposit. Ranch 505 reserves the right to limit the number of people entering the building or any room for safety reasons and crowd and parking control. All hallways, entryways, and aisles, driveways, motor court and parking area are to be clear of obstacles. Ranch 505 and its designees shall have the right to enter the Facility at any time during its use by Tenant. Tenant, or a guest or other person under the Tenant’s control, shall not engage in any way be construed as imposing upon Landlord act intended to facilitate criminal activity, including drug-related criminal activity, on or near the Facility. Because Ranch 505 has open water features, trees and landscaping plants that have thorns, and wildlife, adult supervision of children is required at all times. Tenant accepts all financial responsibility to damage and/or stolen property on premises. Tenants and guests are not allowed to wander or loiter in the tall grass of the property. Ranch 505 is not responsible or liable for any liability for the means, methods, Tenant or manner guest’s safety or security – beware of removal, containment or other compliance with applicable Requirements for wildlife and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefornature.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises (A) No Hazardous Materials shall be free Handled upon, about, above or beneath the Project by or on behalf of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant Tenant, its subtenants or any Tenant Partyits assignees, or their respective contractors, clients, members, managers, partners, officers, directors, employees, agents, or invitees. In furtherance of, and not in limitation of, Notwithstanding the foregoing, Landlord discloses to normal quantities of Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain ’s Hazardous Materials customarily used in the basement conduct of general administrative office activities (e.g., copier fluids and cleaning supplies) and fuels used in connection with the use of the Building contains asbestos-containing materialsExisting Generator or the Additional Generator may be Handled at the Project without Landlord’s prior written consent. Landlord further represents to Tenant thatTenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of the date of Tenant to indemnify Landlord pursuant to this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleTenant shall, at its sole cost and expense, promptly take all actions required by any “Regulatory Authority”, (as defined herein,) or necessary for Landlord to remove make full economic use of the Premises or remediate (or cause any portion of the removal or remediation of) any Project, which arises from the Handling of Hazardous Materials (i) found in upon, about, above or beneath the Building during Premises or any portion of the Project by Tenant, its subtenants or its assignees, or their respective contractors, clients, members, managers, partners, officers, directors, employees, agents or invitees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises or any portion of the Project, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises or any portion of the Project to the condition existing prior to the introduction of Tenant’s Hazardous Materials. Tenant shall nevertheless obtain Landlord’s Work written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Premises or any portion of the Project. (except C) Landlord represents and warrants that, to the extent the responsibility of Tenant as provided below) solely to the extent such Landlord’s best knowledge, no Hazardous Materials are existing located in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere other than those identified on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforreports listed on Exhibit E attached hereto.

Hazardous Materials. Landlord represents to Tenant covenants and agrees that to Landlord’s knowledge, as of the Commencement Date, the Premises it shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant not cause or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) permit any Hazardous Materials Material (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided defined below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Termbe brought upon, to the extent required by Requirements. Tenant shall not use, handle, transport, storekept, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on used in or about the PremisesPremises or Building by Tenant, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractorscontractors or invitees. The foregoing covenant shall not extend to substances typically found or used in general office applications so long as (i) such substances and any equipment which generates such substances are maintained only in such quantities as are reasonably necessary for Tenant’s operations in the Premises, invitees(ii) such substances are used strictly in accordance with the manufacturers’ instructions therefor, guests (iii) such substances are not disposed of in or others acting about the Building in a manner which would constitute a release or discharge thereof, and (iv) all such substances and any equipment which generates such substances are removed from the Building by Tenant upon the expiration or earlier termination of this Lease (collectively, the “Permitted Customary Office Hazardous Materials”). Any use, storage, generation, disposal, release or discharge by Tenant of Hazardous Materials in or about the Building as is permitted pursuant to this Paragraph shall be carried out in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. Moreover, no Hazardous Materials resulting from any operations by Tenant shall be stored or maintained by Tenant in or about the Building for more than ninety (90) days prior to removal by Tenant (other than Permitted Customary Office Hazardous Materials). Tenant shall, annually within thirty (30) days after Tenant’s receipt of Landlord’s written request therefor, provide to Landlord a written list identifying any Hazardous Materials then maintained by Tenant in the Building, the use of each such Hazardous Material and the approximate quantity of each such Hazardous Material so maintained by Tenant, together with written certification by Tenant stating, in substance, that neither Tenant nor any person for whom Tenant is responsible has released or discharged any Hazardous Materials in or about the Building. In the event that Tenant proposes to conduct any use or to operate any equipment which will or may utilize or generate a Hazardous Material other than as specified in the first paragraph of this subsection, Tenant shall first in writing submit such use or equipment to Landlord for approval. No approval by Landlord shall relieve Tenant of any obligation of Tenant pursuant to this subsection, including the removal, clean‑up and indemnification obligations imposed upon Tenant by this subsection. Tenant shall, within five (5) days after receipt thereof, furnish to Landlord copies of all notices or other communications received by Tenant with respect to any actual or alleged release or discharge of any Hazardous Material in or about the Premises or the Building and shall, whether or not Tenant receives any such notice or communication, notify Landlord in writing of any discharge or release of Hazardous Material by Tenant or anyone for whom Tenant is responsible in or about the Premises or the Building. In the event that Tenant is required to maintain any Hazardous Materials license or permit in connection with any use conducted by Tenant or any equipment operated by Tenant in the Premises, copies of each such license or permit, each renewal or revocation thereof and any communication relating to suspension, renewal or revocation thereof shall be furnished to Landlord within five (5) days after receipt thereof by Tenant. Compliance by Tenant with the two immediately preceding sentences shall not relieve Tenant of any other obligation of Tenant pursuant to this subsection. Upon any violation of the foregoing covenants, Tenant shall be obligated, at Tenant’s sole cost, to clean‑up and remove from the Building all Hazardous Materials introduced into the Building by Tenant or any person or entity for whom Tenant is responsible. Such clean‑up and removal shall include all testing and investigation required by any governmental authorities having jurisdiction and preparation and implementation of any remedial action plan required by any governmental authorities having jurisdiction. All such clean‑up and removal activities of Tenant shall, in each instance, be conducted to the satisfaction of Landlord and all governmental authorities having jurisdiction. Landlord’s right of entry pursuant to Article 16 above shall include the right to enter and inspect the Premises for violations of Tenant’s covenants herein. Notwithstanding and in addition to the provisions of Article 14 above, subject to Section 15.05, Tenant shall indemnify, defend and hold harmless Landlord and the other Landlord Indemnified Parties from and against any and all claims, liabilities, losses, actions, costs and expenses (including reasonable attorneys’ fees and costs of defense) incurred by such indemnified persons, or any of them, as the result of (i) the introduction into or about the Building by Tenant or anyone for whom Tenant is responsible of any Hazardous Materials, (ii) the usage, storage, maintenance, generation, disposition or disposal by Tenant or anyone for whom Tenant is responsible of Hazardous Materials in or about the Building, (iii) the discharge or release in or about the Building by Tenant or anyone for whom Tenant is responsible of any Hazardous Materials, (iv) any injury to or death of persons or damage to or destruction of property resulting from the use, introduction, maintenance, storage, generation, disposal, disposition, release or discharge by Tenant or anyone for whom Tenant is responsible of Hazardous Materials in or about the Building, and (v) any failure of Tenant or anyone for whom Tenant is responsible to observe the foregoing covenants of this subsection. As used in this subsection, “Hazardous Materials” is used in its broadest sense and shall include any petroleum based products, pesticides, paints and solvents, polychlorinated biphenyl, lead, cyanide, DDT, acids, ammonium compounds and other chemical products and any substance or material defined or designated as hazardous or toxic, or other similar term, by any federal, state or local environmental statute, regulation, or ordinance affecting the Premises or Building presently in effect or that may be promulgated in the future, as such statutes, regulations and ordinances may be amended from time to time, including but not limited to the following statutes: Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. ‘ 9601 et seq.; Clean Air Act, 42 U.S.C. § 7401‑7626; Water Pollution Control Act (Clean Water Act of 1977), 33 U.S.C. § 1251 et seq.; Insecticide, Fungicide, and Rodenticide Act (Pesticide Act of 1987), 7 U.S.C. § 135 et seq.; Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; Safe Drinking Water Act, 42 U.S.C. § 300(f) et seq.; National Environmental Policy Act (NEPA) 42 U.S.C. § 4321 et seq.; Refuse Act of 1899, 33 U.S.C. § 407 et seq.; Tenant acknowledges that incorporation of any material containing asbestos into the Premises is absolutely prohibited. Tenant agrees, represents and warrants that it shall not incorporate or permit or suffer to be incorporated, knowingly or unknowingly, any material containing asbestos into the Premises. If any Hazardous Materials (other than those brought to the Building by Tenant or anyone claiming by, through or under Tenant), as classified as such under applicable Legal Requirements as of the date hereof are discovered in the Premises during (a) the performance of Landlord’s Work or Tenant(b) the Lease Term, and in either instance, which applicable Legal Requirements require same to be abated, encapsulated, removed or otherwise remediated (as of the date hereof), then Landlord, at Landlord’s cost and expense (except to the extent same may be included in Operating Expenses pursuant to the terms of this Lease), following notice thereof by Tenant (provided no such notice shall be required in connection with subclause (a) above), shall promptly ▇▇▇▇▇, encapsulate, remove or otherwise remediate such Hazardous Materials as and to the extent required in compliance with all Legal Requirements (to the extent applicable) (it being agreed that with respect to subclause (a) above, such abatement, encapsulation, removal or remediation shall be performed by Landlord as part of Landlord’s Work). If following the Commencement Date, Tenant is actually prevented or prohibited from conducting business operations in the Premises (or portion thereof) due to Landlord’s compliance with its obligations under the immediately preceding sentence and Tenant in fact ceases to use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or propertysuch portion thereof, then Tenant agrees (i) Tenant, as its sole remedy, shall be entitled to notify Landlord immediately receive an abatement of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and Rent payable hereunder with respect to the foregoing. The terms portion of this Section 5.7 shall apply to any transportation, handling, storage, use such space so affected for each day that Tenant is so actually prevented or disposal prohibited from conducting business operations in such portion of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforthe Premises.

Hazardous Materials. Landlord represents to 41.1 Tenant agrees that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by neither Tenant or any Tenant Party. In furtherance ofEntities shall Handle any Hazardous Materials on, under, or about the Premises (as such terms are defined in Article 1) without Landlord’s prior written consent (which consent shall not be unreasonably withheld as long as Tenant demonstrates and documents to Landlord’s reasonable satisfaction (i) that such Hazardous Materials (A) are necessary or useful to Tenant’s business; and (B) will be used, kept, and not stored in limitation ofcompliance with all laws relating to any Hazardous Materials so brought or used or kept in or about the Premises; and (ii) that Tenant will give all required notices concerning the presence in or on the Premises or the release of such Hazardous Materials from the Premises) provided that Tenant may Handle products containing small quantities of Hazardous Materials, the foregoingwhich products are of a type customarily found in offices and households (such as aerosol cans containing insecticides, Landlord discloses to Tenanttoner for copies, paints, paint remover, and the like), provided further that Tenant acknowledges shall Handle any such disclosureHazardous Materials in a safe and lawful manner and shall not allow such Hazardous Materials to contaminate the Premises or the environment. 41.2 Tenant further agrees that Tenant will not permit any substance suspected of causing cancer or reproductive toxicity to come into contact with groundwater under the Premises. Any such substance coming into contact with groundwater shall be considered a Hazardous Material for purposes of this Article 41. 41.3 Notwithstanding the provisions of Section 41.1, that Tenant may Handle Hazardous Materials, limited to the interior of a non-operational boiler which shall remain types, amounts, and use identified in the basement of the Building contains asbestos-containing materialsHazardous Materials Questionnaire attached as Exhibit F to this Lease. Landlord further represents If no Hazardous Materials Questionnaire is attached to Tenant that, as of the date of this Lease, there are then this Section 41.3 shall be of no CFC-based refrigerants force and effect. Tenant hereby certifies to Landlord that the information provided by Tenant pursuant to this Section is true, correct, and complete. Tenant covenants to comply with the use restrictions shown on the attached Hazardous Materials Questionnaire attached as Exhibit F to this Lease. Tenant’s business and operations, and more especially its handling, storage, use and disposal of Hazardous Materials shall at all times comply with all applicable laws pertaining to Hazardous Materials. Tenant shall secure and abide by all permits necessary for Tenant’s operations on the Premises. Tenant shall give or post all notices required by all applicable laws pertaining to Hazardous Materials. If Tenant shall at any time fail to comply with this Article, Tenant shall immediately notify Landlord in writing of such noncompliance. 41.4 Tenant shall provide Landlord with a notice (the Building’s base building HVAC system“Additional HM Notice”), including copies of any Material Safety Data Sheets (as required by the Occupational Safety and Health Act) and revised Hazardous Materials Questionnaire relating to any Hazardous Materials to be Handled at or on the Premises, at least thirty (30) days prior to the first Handling of such Hazardous Material on the Premises, except as provided in this Section 41.4 below. Landlord shall be responsiblehave ten (10) days following delivery of such Additional HM Notice to approve or forbid, at in its sole cost and expensereasonable discretion subject to the limitation contained in Section 41.1 above, such Handling of a Hazardous Material on the Premises. Notwithstanding the foregoing provisions of this Section 41.4 to remove or remediate the contrary, Landlord shall waive the foregoing requirement of thirty (or cause 30) days prior receipt of the removal or remediation of) any Additional HM Notice for Handling of a particular Hazardous Materials Material if Tenant complies with all of the following requirements: (i) found Tenant makes a written request for expedited review either (x) by the earlier of (a) 24 hours or (b) 5:00 p.m. on the next business day, in either case, following the Building during the performance first Handling of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, Material on or about the Premises, or (y) prior to Handling of new or additional Hazardous Materials on or about the Building and/or Premises by a proposed Affiliated Party in connection with a proposed Permitted Transfer (as such terms are defined in Section 9.8 of this Lease), any such written request to include a copy of the Lot except Material Safety Data Sheet and revised Hazardous Materials Questionnaire for usual and customary office products such as toner or cleaners which contain Hazardous MaterialsMaterial; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) if Landlord does not approve such Hazardous Material, Landlord may require Tenant to promptly remove any such use is in strict compliance with all applicable Requirements. Without limiting Hazardous Material from the foregoing, Premises and to cease any Handling of such Hazardous Materials in Material at or on the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, ; and (iii) the waiver provided in this sentence shall be “personal” to indemnifyTenant and any Permitted Transferee and in no event will any assignee or sublessee be entitled to the aforesaid waiver, defend Landlord shall use commercially reasonable efforts to expedite approval of any such Hazardous Material. The reasonable cost of any outside environmental consultant or engineer, if reasonably needed by Landlord to review or to expedite its review of any proposed new Hazardous Material for use at or on the Premises, shall be reimbursed by Tenant within thirty (30) days of request by Landlord. 41.5 Tenant shall not store hazardous wastes on the premises for more than ninety (90) days; “hazardous waste” has the meaning given it by the Resource Conservation and Recovery Act of 1976, as amended, Tenant shall not install any underground or above ground storage tanks on the Premises. Tenant shall not dispose of any Hazardous Material or solid waste on the Premises. In performing any alterations of the Premises permitted by the Lease, Tenant shall not install any Hazardous Material in the Premises without the specific prior written consent of Landlord in its sole discretion. 41.6 Any increase in the premiums for necessary insurance on the Building or the property on which the Building is located (the “Property”) which arises from Tenant’s use and/or storage of Hazardous Materials shall be solely at Tenant’s expense. Tenant shall procure and maintain at its sole expense such additional insurance as may be necessary to comply with any requirement of any Federal, State or local governmental agency with jurisdiction. 41.7 If Landlord, in its sole discretion, believes that the Premises or the environment have become contaminated with Hazardous Materials that must be removed under the laws of the state where the Premises are located, in breach of the provisions of this Lease, and from time to time in any event, Landlord, in addition to its other rights under this Lease, may enter upon the Premises and obtain samples from the Premises, including without limitation the soil and groundwater under the Premises, for the purposes of analyzing the same to determine whether and to what extent the Premises or the environment have become so contaminated. In addition, Landlord may enter upon the Premises annually or more frequently if Landlord reasonably believes it necessary in order to conduct an environmental audit, and Tenant shall reasonably cooperate in the conduct of the same. Tenant shall reimburse Landlord for the costs of any inspection, sampling and analysis that discloses contamination for which Tenant is liable under the terms of this Article. Tenant may not perform any sampling, testing, or drilling to locate any Hazardous Materials on the Premises without Landlord’s prior written consent. 41.8 Without limiting the above, Tenant shall reimburse, defend, indemnify and hold Landlord harmless from and against any and all claims, suitslosses, causes of actionliabilities, damages, costs and feesexpenses, including without limitation, loss of rental income, loss due to business interruption, and attorneys fees and costs, arising out of or in any way connected with the use, manufacture, storage, or disposal of Hazardous Materials by Tenant, its agents or contractors on, under or about the Premises including, without limitation, reasonable attorneys’ feesthe costs of any required or necessary investigation, arising from repair, cleanup or connected with detoxification and the preparation of any such contaminationclosure or other required plans in connection herewith, claim of contamination, loss whether voluntary or damagecompelled by governmental authority. The provisions indemnity obligations of Tenant under this Section 5.7 clause shall survive the expiration or any termination of this Lease. At Landlord’s option, Tenant shall perform any required or necessary investigation, repair, cleanup, or detoxification of the Premises. In such case, Landlord shall have the right, in its sole discretion, to approve all plans, consultants, and cleanup standards. Tenant shall provide Landlord on a timely basis with (i) copies of all documents, reports, and communications with governmental authorities; and (ii) notice and an opportunity to attend all meetings with regulatory authorities. Tenant shall comply with all notice requirements and Landlord and Tenant agree to cooperate with governmental authorities seeking access to the Premises for purposes of sampling or inspection. No disturbance of Tenant’s use of the Premises resulting from activities conducted pursuant to this Article shall constitute an actual or constructive eviction of Tenant from the Premises. In the event that such cleanup extends beyond the termination of the Lease, Tenant’s obligation to pay rent (including additional rent and percentage rent, if any) shall continue until such cleanup is completed and any certificate of clearance or similar document has been delivered to Landlord. Rent during such holdover period shall be at market rent; if the parties are unable to agree upon the amount of such market rent, then Landlord shall have the option of (a) increasing the rent for the period of such holdover based upon the increase in the cost-of-living from the third month preceding the commencement date to the third month preceding the start of the holdover period, using such indices and assumptions and calculations as Landlord in its sole reasonable judgment shall determine are necessary; or (b) having Landlord and Tenant each appoint a qualified MAI appraiser doing business in the area; in turn, these two independent MAI appraisers shall appoint a third MAI appraiser and the majority shall decide upon the fair market rental for Premises as of the expiration of the then current term. Landlord and Tenant shall equally share in the expense of this appraisal except that in the event the rent is found to be within fifteen percent of the original rate quoted by Landlord, then Tenant shall bear the full cost of all the appraisal process. In no event shall the rent be subject to determination or modification by any person, entity, court, or authority other than as set forth expressly herein, and in no event shall the rent for any holdover period be less than the rent due in the preceding period. 41.9 Notwithstanding anything set forth in this Lease, Tenant shall only be responsible for contamination of Hazardous Materials or any cleanup resulting directly from contamination of Hazardous Materials, which contamination results directly from Hazardous Materials Handled during the Lease Term, and any other period of time during which Tenant is in actual or constructive occupancy of the Premises (i) within the Premises as a result of Handling of any Hazardous Material by any person or entity whatsoever, or (ii) as a result of any Handling of any Hazardous Material done or permitted or suffered to be done by any Tenant Entity, whether inside the Premises or not; provided, however, that in no event shall Tenant be responsible for contamination of Hazardous Materials resulting from contractors, agents or representatives controlled by Landlord. Tenant shall take reasonable precautions to prevent the contamination of the Premises with Hazardous Materials by third parties. 41.10 It shall not be unreasonable for Landlord to withhold its consent to any proposed assignment or approval sublease if (i) the proposed assignee’s or sublessee’s anticipated use of the premises involves the generation, storage, use, treatment or disposal of Hazardous Materials; (ii) the proposed assignee or sublessee has been required by any prior landlord, lender, or governmental authority to take remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such assignee’s or sublessee’s actions or use of the property in question; or (iii) the proposed assignee or sublessee is subject to an enforcement order issued by any governmental authority in connection with the use, disposal, or storage of a hazardous material. 41.11 Any of Tenant’s insurance insuring against claims of the type dealt with in this Article shall be considered primary coverage for claims against the Property arising out of or under this Article. 41.12 In the event of (i) any transfer of Tenant’s interest under this Lease; or (ii) the termination of this Lease, by lapse of time or otherwise, Tenant shall be solely responsible for compliance with any and all then effective federal, state or local laws concerning (i) the physical condition of the Premises, Building, or Property; or (ii) the presence of hazardous or toxic materials in or on the Premises, Building, or Property (for example, the New Jersey Environmental Cleanup Responsibility Act, the Illinois Responsible Property Transfer Act, or similar applicable state laws), including but not limited to any reporting or filing requirements imposed by such laws. Tenant’s duty to pay rent, additional rent, and percentage rent shall continue until the obligations imposed by such laws are satisfied in full and any certificate of clearance or similar document has been delivered to Landlord. 41.13 All consents given by Landlord pursuant to this Article shall be in writing and shall be attached as amendments to this Lease. If such consents are not attached to this Lease, then such consents will be deemed withheld. 41.14 Landlord has heretofore delivered to Tenant the following environmental reports: Phase 1 Environmental Acquisition Study by Hygienetics Environmental Services, Inc., dated November 3, 1998; Annual Environmental Audit by PES Environmental, Inc., dated March 28, 2000; Annual Environmental Audit (2001) by PES Environmental, Inc., dated August 27, 2001; Annual Environmental Audit (2002) by PES Environmental, Inc., dated August 29, 2002; Annual Environmental Audit 2003 by G▇▇▇▇▇ Associates Inc., dated September 22, 2003; Annual Environmental Audit (2004) by PES Environmental, Inc., dated September 2, 2004, and Phase I Environmental Site Assessment by PES Environmental, Inc., dated May 2, 2005 (collectively, the “Reports”). Notwithstanding anything to the contrary contained herein, Tenant shall not distribute or disclose or permit the distribution or disclosure of any portion of the Reports or the contents thereof to any tenant, prospective tenant or occupant of the Building or any governmental or quasi-governmental agencies, without first obtaining the prior written consent of Landlord thereto in Landlord’s sole discretion, and Landlord, at Landlord’s election, shall be entitled to have a representative participate in any way telephone or other contact made by Tenant to a governmental or quasi-governmental authority or tenant and present at any meeting by Tenant with a governmental authority or tenant. The Reports will be construed kept strictly confidential and except as imposing upon Landlord required by applicable Laws or court order, without Landlord’s prior written consent, Tenant shall not (a) use the Reports or the contents thereof for any liability purpose other than in connection with the review by Tenant of the condition of the Building (the “Business Purpose”), or (b) distribute or disclose or permit to be distributed or disclosed any portion of the Reports or the contents thereof to any third party other than Tenant’s directors, officers, employees, agents, attorneys, accountants, financing sources and advisors who (i) are actively and directly participating in the evaluation of the Reports for the meansBusiness Purpose, methods(ii) have a reasonable “need to know” such information, or manner of removal, containment or other compliance and (iii) have agreed to comply with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply 41.14. If Tenant is required by applicable Laws or court order to disclose any transportationinformation contained in the Reports, handlingTenant will give Landlord written notice of such requirement promptly upon Tenant becoming aware of same and in any event prior to making any disclosure pursuant thereto, storage, use and Tenant will provide such assistance in seeking a protective order or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.other

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not usecause nor permit, handle, transport, store, nor allow any Tenant Party to cause or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoingpermit, any Hazardous Materials in the Premisesto be brought upon, and all containers thereforstored, shall be usedmanufactured, keptgenerated, stored and blended, handled, recycled, treated, disposed of with due care and in conformity with all applicable Requirements. If the transportationor used on, storage, use, handling, under or disposal of Hazardous Materials in about the Premises, the Building, the Lot Common Area or anywhere the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant's Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Property arising out Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or resulting from the acts or omissions of exacerbated by Tenant or its agentsany Tenant Party or arising during Tenant's or any Tenant Party's occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase "environmental condition" shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord's election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord's performing such work, based upon Landlord's reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord's affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use along with the successors and assigns of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damageforegoing, (iiindividually and collectively, "Indemnitees") after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any and all claims, suitsjudgments, causes of action, costs damages, penalties, fines, taxes, costs, liabilities, losses and feesexpenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party's breach of this Article 51 or (b) the presence of Hazardous Materials on, includingunder or about the Premises or other property as a result (directly or indirectly) of Tenant's and/or any Tenant Party's activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, reasonable attorneys’ feesthe cost of any required or necessary repair, arising from cleanup or connected with detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such contamination, claim of contamination, loss action is required or damage. The provisions necessary prior to or following the termination of this Section 5.7 Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant's obligation of indemnification pursuant hereto. Tenant's obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledgeExcept for the incidental use of certain products for routine cleaning and maintenance of floors, as of the Commencement Datebathrooms, windows, kitchens, and administrative offices on the Premises shall be free of Hazardous Materials that would violate Requirements except as or Project, which products have been disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, to Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Environmental Questionnaire (as defined below), Tenant thathereby represents, warrants and covenants that Tenant will not produce, use, store or generate any "Hazardous Materials" (as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided defined below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Termon, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on under or about the Premises, the Building Premises and/or the Lot except for usual Project. Tenant has fully and customary office products such accurately completed Landlord's Pre-Leasing Environmental Exposure Questionnaire ("Environmental Questionnaire") attached hereto as toner or cleaners which contain Exhibit "C" incorporated herein by reference. If Tenant's Environmental Questionnaire indicates that Tenant will be utilizing Hazardous Materials; provided, that (i) such cleansers, office supplies in addition to all other rights and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or remedies Landlord may have under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and feesthis Lease, including, without limitation, reasonable attorneys’ feesdeclaring a default hereunder by Tenant for breach of representation, arising from or connected with Landlord may require Tenant to execute an amendment to this Lease relating to such Hazardous Materials use and Tenant's failure to execute any such contaminationamendment within ten (10) days of Landlord's delivery thereof to Tenant shall constitute a default hereunder by Tenant. Tenant shall not cause or permit any Hazardous Material to be brought upon, claim placed, stored, manufactured, generated, blended, handled, recycled, disposed of, used or released on, in, under or about the Premises and/or Project by Tenant or Tenant's Parties. Tenant shall not excavate, disturb or conduct any testing of contaminationany soils on or about the Project without obtaining Landlord's prior written consent, loss and any investigation or damageremediation on or about the Project shall be conducted only by a consultant approved in writing by Landlord and pursuant to a work letter approved in writing by Landlord. The provisions of this Section 5.7 Tenant shall survive keep, operate and maintain the expiration Premises in full compliance with all federal, state and local environmental, health and/or safety laws, ordinances, rules, regulations, codes, orders, directives, guidelines, permits or termination of this Leasepermit conditions currently existing and as amended, enacted, issued or adopted in the future which are applicable to the Premises (collectively, "Environmental Laws"). No consent or approval of Landlord shall in have the right (but not the obligation) to enter upon the Premises and cure any way be construed as imposing upon Landlord any liability for non-compliance by Tenant with the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to Paragraph 3.2 or any transportationEnvironmental Laws or any release, handlingdischarge, spill, improper use, storage, use handling or disposal of Hazardous Materials irrespective on, under, from, or about the Premises or Project. regardless of whether the quantity of any such release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on or about the Premises or Project, the full cost of which shall be deemed to be Rent and shall be due and payable by Tenant has obtained to Landlord immediately upon demand. If Landlord elects to enter upon the Premises and cure any such non-compliance or release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on, under, from, or about the Premises or Project, Tenant shall not be entitled to participate in Landlord’s consent therefor's activities on the Premises. If any information provided to Landlord by Tenant in the Environmental Questionnaire, or otherwise relating to information concerning Hazardous Materials is false, incomplete, or misleading in any material respect, the same shall be deemed an event of default by Tenant under this Lease. Without limiting in any way Tenant's obligations under any other provision of this Lease, Tenant and its successors and assigns shall indemnify, protect, defend and hold Landlord, its affiliates, subsidiary and parent entities, and their respective partners, officers, directors, shareholders, employees, agents, lenders, contractors and each of their respective successors and assigns (collectively, the "Indemnified Parties") harmless from any and all claims, judgments, damages, penalties, enforcement actions, taxes, fines, remedial actions, liabilities, losses, costs and expenses (including, without limitation, actual attorneys' fees, litigation, arbitration and administrative proceeding costs, expert and consultant fees and laboratory costs) including, without limitation, damages arising out of the diminution in the value of the Premises or Project or any portion thereof, damages for the loss of the Premises or Project, damages arising from any adverse impact on the marketing of space in the Premises or Project, and sums paid in settlement of claims, which arise during or after the Term in whole or in part as a result of the presence or suspected presence of any Hazardous Materials, in, on, under, from or about the Premises or the Project and/or other adjacent properties due to Tenant's or Tenant's Parties' activities, or failures to act (including, without limitation, Tenant's failure to report any spill or release to the appropriate regulatory agencies), on or about the Premises or Project.

Hazardous Materials. Tenant represents, warrants, and covenants to Landlord represents that: a. Tenant and the Premises will remain in compliance with all applicable laws, ordinances, and regulations (including consent decrees and administrative orders) relating to Tenant that to Landlord’s knowledge, as public health and safety and protection of the Commencement Dateenvironment, including those statutes, laws, regulations, and ordinances identified in subparagraph 6.3g all as amended and modified from time to time (collectively, "Environmental Laws"). All governmental permits relating to the use or operation of the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS required by applicable Environmental Laws are and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not will remain in limitation of, the foregoing, Landlord discloses to Tenanteffect, and Tenant acknowledges such disclosurewill comply with them. b. Tenant will not permit to occur any release, generation, manufacture, storage, treatment, transportation, or disposal of "Hazardous Material," as that term is defined in subparagraph 6.3g, on, in, under, or from the interior of a non-operational boiler which shall remain Premises. Tenant will promptly notify Landlord, in writing, if Tenant has or acquires notice or knowledge that any Hazardous Material has been or is threatened to be released, discharged, disposed of, transported, or stored on, in, under, or from the basement of Premises; and if any Hazardous Material is found on the Building contains asbestos-containing materials. Landlord further represents to Tenant thatPremises, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleTenant, at its sole own cost and expense, will immediately take such action as is necessary to detain the spread of and remove the Hazardous Material to the complete satisfaction of Landlord and the appropriate governmental authorities. c. Tenant will immediately notify Landlord and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports, or notices relating to the condition of the Premises or compliance with Environmental Laws. Tenant will promptly cure and have dismissed with prejudice any such actions and proceeding to the satisfaction of Landlord. Tenant will keep the Premises free of any lien imposed pursuant to any Environmental Laws. d. Landlord will have the right at all reasonable times and from time to time to conduct environmental audits of the Premises, and Tenant will cooperate in the conduct of each audit. The audits will be conducted by a consultant of Landlord's choosing. If any Hazardous Material is detected or if a violation of any of the warranties, representations, or covenants contained in this paragraph is discovered, the fees and expenses of such consultant will be borne by Tenant and will be paid as Additional Rent under this Lease on demand by Landlord. e. If Tenant fails to comply with any of the foregoing warranties, representations, and covenants, Landlord may cause the removal (or other cleanup acceptable to Landlord) of any Hazardous Material from the Premises. The costs of Hazardous Material removal and any other cleanup (including transportation and storage costs) will be Additional Rent under this Lease, whether or not a court has ordered the cleanup, and such costs will become due and payable on demand by Landlord. Tenant will give Landlord, its agents, and employees access to the Premises to remove or remediate (or cause the removal or remediation of) otherwise clean up any Hazardous Materials Material. Landlord, however, has no affirmative obligation to remove or otherwise clean up any Hazardous Material, and this Lease will not be construed as creating any such obligation. f. Tenant agrees to indemnify, defend (i) found with counsel reasonably acceptable to Landlord and at Tenant's sole cost), and hold Landlord and Landlord's affiliates, shareholders, directors, officers, employees and agents free and harmless from and against all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements or expenses of any kind (including attorneys' and experts' fees and expenses and fees and expenses incurred in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Terminvestigating, to the extent required by Requirements. Tenant shall not use, handle, transport, storedefending, or dispose prosecuting any litigation, claim, or proceeding) that may at any time be imposed upon, incurred by, or asserted or awarded against Landlord or any of them in connection with or arising from or out of: i. any oilHazardous Material on, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner affecting all or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use portion of the Premises; ii. any misrepresentation, results in (1) contamination of the soilinaccuracy, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately breach of any contaminationwarranty, covenant, or agreement contained or referred to in this paragraph; iii. any violation or claim of contamination, loss violation by Tenant of any Environmental Law; or iv. the imposition of any lien for the recovery of any costs for environmental cleanup or damage, (ii) after consultation with other response costs relating to the release or threatened release of Hazardous Material. This indemnification is the personal obligation of Tenant and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall will survive the expiration or termination of this Lease. No consent Tenant, its successors, and assigns waive, release, and agree not to make any claim or approval of bring any cost recovery action against Landlord shall under CERCLA, as that term is defined in any way be construed as imposing upon Landlord any liability for the means, methodssubparagraph 6.3g, or manner any state equivalent or any similar law now existing or enacted after this date. To the extent that Landlord is strictly liable under any such law, regulation, ordinance, or requirement, Tenant's obligation to Landlord under this indemnity will likewise be without regard to fault on the part of removal, containment or other compliance with applicable Requirements for and Tenant with respect to the foregoing. The terms violation or condition that results in liability to Landlord. g. For purposes of this Section 5.7 shall apply to any transportationLease, handling"Hazardous Material" means: (i) "hazardous substances" or "toxic substances" as those terms are defined by the Comprehensive Environmental Response, storageCompensation, use and Liability Act (CERCLA), 42 U.S.C. ss.9601, et seq., or disposal of the Hazardous Materials irrespective Transportation Act, 49 U.S.C. ss.1801, all as amended and amended after this date; (ii) "hazardous wastes" as that term is defined by the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. ss.6901, et sec.., as amended and amended after this date; (iii) any pollutant or contaminant or hazardous, dangerous, or toxic chemicals, materials, or substances within the meaning of whether Tenant has obtained Landlord’s any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent therefordecrees and administrative orders) relating to or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous waste substance or material, all as amended or amended after this date; (iv) crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute); (v) any radioactive material, including any source, special nuclear or by-product material as defined at 42 U.S.C. ss.2011, et seq., as amended and amended after this date; (vi) asbestos in any form or condition; and (vii) polychlorinated biphenyls (PCBs) or substances or compounds containing PCBs.

Hazardous Materials. Landlord represents and warrants that, to Tenant that to the best of Landlord’s knowledge, no release (as of the Commencement Date, the Premises shall be free hereafter defined) of Hazardous Materials has occurred in the Premises or that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced are otherwise present in the Premises and/or the Property. Landlord represents and warrants that the Premises are in compliance with all federal, state and/or local statutes, regulations, rules and/or ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the Premises by Tenant or any Tenant Party. In furtherance ofuse, and not in limitation ofgeneration, the foregoingmanufacture, Landlord discloses to Tenantcollection, and Tenant acknowledges such disclosuretreatment, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant thatdisposal, as of the date of this Leasestorage, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsiblecontrol, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) clean up of Hazardous Materials (“Environmental Laws”). To the extent any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) present in, underat, on or about the Premises, the Building Premises and/or the Lot except Property at the Commencement Date, through no fault of Tenant, and Tenant notifies Landlord in writing of such Hazardous Materials not later than twenty (20) days following the Commencement Date, Landlord shall be responsible for usual removing or otherwise monitoring or remediating such Hazardous Materials as required by, and customary office products such as toner in full compliance with, all Environmental Laws at no cost to Tenant. Tenant shall indemnify, protect, defend and hold Landlord and its officers, directors, shareholders, agents and assigns (the “Landlord Indemnities”) harmless from and against any and all costs, fees, damages, losses, expenses and/or liabilities of any kind or cleaners which contain Hazardous Materials; providednature in any way related to the existence, that (i) such cleansersremoval, office supplies and products are ordinarily and customarily used in the ordinary course transportation or disposal of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premisesin, and all containers thereforat, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, on or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on about the Property arising out of or resulting from the acts or omissions of caused by Tenant or its any of Tenant’s invitees, agents, employees, contractors, inviteessubtenants or licensees. If any action or proceeding is brought against any of the Landlord Indemnities by reason of such claim, guests or others acting by, through or under Tenant, or upon notice from any of the Landlord Indemnities, shall defend the same at Tenant’s use expense by counsel selected by the Landlord. In the event any of the PremisesLandlord Indemnities incurs any costs, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, includingdamages, without limitationlosses, reasonable attorneys’ feesexpenses, arising from or connected and/or liabilities in connection with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal a release of Hazardous Materials irrespective by Tenant or any of whether Tenant’s agents, employees, contractors, subtenants or licensees, Tenant has obtained Landlord’s consent thereforshall pay such costs, fees and/or expenses within thirty (30) days of written request from the affected Landlord Indemnities. Other than in the case of an emergency, Landlord shall not incur any fees or costs before notifying Tenant that it is likely to incur such fees and costs unless Tenant takes corrective action.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledgeExcept for the incidental use of certain products for routine cleaning and maintenance of floors, as of the Commencement Datebathrooms, windows, kitchens, and administrative offices on the Premises shall be free of or Project, Tenant hereby represents, warrants and covenants that Tenant will not produce, use, store or generate any "Hazardous Materials that would violate Requirements except Materials" (as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided defined below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Termon, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on under or about the Premises, the Building Premises and/or the Lot except for usual Project. Tenant has fully and customary office products such accurately completed Landlord's Pre-Leasing Environmental Exposure Questionnaire ("Environmental Questionnaire") attached hereto as toner or cleaners which contain Exhibit "F" incorporated herein by reference. If Tenant's Environmental Questionnaire indicates that Tenant will be utilizing Hazardous Materials; provided, that (i) such cleansers, office supplies in addition to all other rights and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or remedies Landlord may have under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and feesthis Lease, including, without limitation, reasonable attorneys’ feesdeclaring a default hereunder by Tenant for breach of representation, arising from or connected with Landlord may require Tenant to execute an amendment to this Lease relating to such Hazardous Materials use and Tenant's failure to execute any such contaminationamendment within ten (10) days of Landlord's delivery thereof to Tenant shall constitute a default hereunder by Tenant. Tenant shall not cause or permit any Hazardous Material to be brought upon, claim placed, stored, manufactured, generated, blended, handled, recycled, disposed of, used or released on, in, under or about the Premises and/or Project by Tenant or Tenant's Parties. Tenant shall not excavate, disturb or conduct any testing of contaminationany soils on or about the Project without obtaining Landlord's prior written consent, loss and any investigation or damageremediation on or about the Project shall be conducted only by a consultant approved in writing by Landlord and pursuant to a work letter approved in writing by Landlord. The provisions of this Section 5.7 Tenant shall survive keep, operate and maintain the expiration Premises in full compliance with all federal, state and local environmental, health and/or safety laws, ordinances, rules, regulations, codes, orders, directives, guidelines, permits or termination of this Leasepermit conditions currently existing and as amended, enacted, issued or adopted in the future which are applicable to the Premises (collectively, "ENVIRONMENTAL LAWS") and relate to Hazardous Materials that are introduced or permitted on or about the Project by Tenant or Tenant's Parties. No consent or approval of Landlord shall in have the right (but not the obligation) to enter upon the Premises and cure any way be construed as imposing upon Landlord any liability for non-compliance by Tenant with the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to Paragraph 3.2 or any transportationEnvironmental Laws or any release, handlingdischarge, spill, improper use, storage, use handling or disposal of Hazardous Materials irrespective on, under, from, or about the Premises or Project, regardless of whether the quantity of any such release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on or about the Premises or Project, the full cost of which shall be deemed to be Rent and shall be due and payable by Tenant has obtained to Landlord immediately upon demand if resulting from any act or omission of Tenant or Tenant's Parties or from any breach of Tenant's obligations hereunder. If Landlord elects to enter upon the Premises and cure any such non-compliance or release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on, under, from, or about the Premises or Project, Tenant shall not be entitled to participate in Landlord’s consent therefor's activities on the Premises. If any information provided to Landlord by Tenant in the Environmental Questionnaire, or otherwise relating to information concerning Hazardous Materials is false, incomplete, or misleading in any material respect, the same shall be deemed an event of default by Tenant under this Lease. Without limiting in any way Tenant's obligations under any other provision of this Lease, Tenant and its successors and assigns shall indemnify, protect, defend and hold Landlord, its partners, officers, directors, shareholders, employees, agents, lenders, contractors and each of their respective successors and assigns (collectively, the "INDEMNIFIED PARTIES") harmless from any and all claims, judgments, damages, penalties, enforcement actions, taxes, fines, remedial actions, liabilities, losses, costs and expenses (including, without limitation, actual attorneys' fees, litigation, arbitration and administrative proceeding costs, expert and consultant fees and laboratory costs) including, without limitation, damages arising out of the diminution in the value of the Premises or Project or any portion thereof, damages for the loss of the Premises or Project, damages arising from any adverse impact on the marketing of space in the Premises or Project, and sums paid in settlement of claims, which arise during or after the Term in whole or in part as a result of the presence or suspected presence of any Hazardous Materials, in, on, under, from or about the Premises or the Project and/or other adjacent properties due to Tenant's or Tenant's Parties' activities, or failures to act (including, without limitation, Tenant's failure to report any spill or release to the appropriate regulatory agencies), on or about the Premises or Project. For purposes of this Lease, the term "HAZARDOUS MATERIAL" means any chemical, substance, material, controlled substance, object, waste or any combination thereof, which is or may be hazardous to human health, safety or to the environment due to its radioactivity, ignitability, corrosiveness, reactivity, explosiveness, toxicity, carcinogenicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, petroleum and petroleum products, benzene, toluene, ethyl benzene, xylenes, waste oil, asbestos, radon, polychlorinated biphenyls (PCBs), degreasers, solvents, and any and all of those chemicals, substances, materials, controlled substances, objects, wastes or combinations thereof which are now or may become in the future listed, defined or regulated in any manner as "hazardous substances", "hazardous wastes", "toxic substances", "solid wastes," or bearing similar or analogous definitions pursuant to any and all Environmental Laws.

Hazardous Materials. Landlord represents (a) Tenant shall have the right to Tenant that to Landlord’s knowledgeuse, as store, handle, treat, transport, release or dispose of the Commencement DateHazardous Materials set forth in Exhibit I hereto on or about the Premises or the Property to the extent necessary or desirable in connection with the Permitted Uses provided the same is done in compliance with all applicable Environmental Laws. Such exhibit is representative but not exclusive of the Hazardous Materials used on or about the Premises by Tenant. (b) Any handling, treatment, transportation, storage, disposal or use of Hazardous Materials by Tenant in or about the Premises or the Property and Tenant's use of the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Partycomply with all applicable Environmental Laws. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to To the extent required by Requirementsany governmental authority or by Landlord, Tenant shall, within ten (10) Business Days of the written request therefore, disclose in writing to Landlord all Hazardous Materials that are being used by Tenant in the Premises at the time of such request, the nature of such use and the manner of storage and disposal. Without Landlord's prior written consent, Tenant shall not useconduct any sampling or investigation of soil or groundwater on the Property to determine the presence of any constituents therein (unless such sampling or investigation is required by law, handle, transport, storegovernmental authority, or dispose in connection with a permit for Tenant's operations in accordance with the Permitted Use, in which case, Tenant shall provide Landlord with fifteen (15) days' prior written notice accompanied by Tenant's proposed work plan, and Tenant shall deliver to Landlord a copy of any oilthe results of such sampling or investigation within ten (10) days after receipt by Tenant). (c) Tenant shall indemnify, hazardous or toxic substancesdefend upon demand with counsel reasonably acceptable to Landlord, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies hold Landlord harmless from and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoingagainst, any Hazardous Materials in the Premisesliabilities, losses claims, damages, interest, penalties, fines, attorneys' fees, experts' fees, court costs, remediation costs, and all containers thereforother expenses (collectively, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If "Claims") which result from the transportationuse, storage, use, handling, treatment, transportation, release, threat of release or disposal of Hazardous Materials in or about the Premises, the Building, the Lot Premises or anywhere on the Property arising out of or resulting from the acts or omissions of by Tenant or its Tenant's agents, employees, contractors, contractors or invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 paragraph (c) shall survive the expiration or earlier termination of this Lease. No consent . (d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning Hazardous Materials which relates to the Premises or approval the Property, and (ii) any Environmental Condition of which Tenant is aware. (e) Tenant acknowledges that it has received copies of the environmental information listed on Exhibit L ("Environmental Reports") from Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoingProperty. The terms Except as set forth in the Environmental Reports, Landlord represents and warrants to Tenant that, to the best of this Section 5.7 shall apply to any transportationLandlord's knowledge, handling, storage, use or disposal of there are no Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.in, on, under or emanating from the Premises or the Property that require remediation under any

Hazardous Materials. Landlord represents A. Tenant shall comply with all Environmental Laws (as hereinafter defined) pertaining to Tenant that to Landlord’s knowledge, as Tenant's occupancy and use of the Commencement DatePremises and concerning the proper storage, the Premises shall be free handling and disposal of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials Material (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (iihereinafter defined) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or or the Lot except for usual and customary office products such as toner Property by Tenant or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course other occupants of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers thereforor their employees, servants, agents, contractors, customers or invitees. Landlord shall be used, kept, stored and disposed of with due care and in conformity comply with all Environmental Laws applicable Requirementsto the Property other than those to be complied with by Tenant pursuant to the preceding sentence. If the transportationTenant shall not generate, storagestore, usehandle or dispose of any Hazardous Material in, handlingon, or disposal about the Property without the prior written consent of Landlord, which may be withheld in Landlord's sole discretion, except that such consent shall not be required to the extent of Hazardous Materials Material packaged and contained in office products for consumer use in general business offices in quantities for ordinary day-to-day use provided such use does not give rise to, or pose a risk of, exposure to or release of Hazardous Material. In the event that Tenant is notified of any investigation or violation of any Environmental Law arising from Tenant's activities at the Premises, Tenant shall immediately deliver to Landlord a copy of such notice. In such event or in the Buildingevent Landlord reasonably believes that a violation of Environmental Law exists, Landlord may conduct such tests and studies relating to compliance by Tenant with Environmental Law or the alleged presence of Hazardous Material upon the Premises as Landlord deems desirable, all of which shall be completed at Tenant's expense, if it is determined that Tenant has breached its obligations under this Section. Landlord's inspection and testing rights are for Landlord's own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Environmental Laws, as a result of the exercise, or non- exercise of such rights. Tenant hereby indemnifies, and agrees to defend, protect and hold harmless, the Lot or anywhere on the Property Indemnitees from any and all loss, claim, demand, action, expense, liability and cost (including attorneys' fees and expenses) arising out of or resulting from in any way related to the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately presence of any contaminationHazardous Material introduced to the Premises during the Lease Term by any party other than Landlord. In case of any action or proceeding brought against the Indemnitees by reason of any such claim, claim of contaminationupon notice from Landlord, loss Tenant covenants to defend such action or damage, (ii) after consultation with and approval proceeding by counsel chosen by Landlord, in Landlord's reasonable discretion. Landlord reserves the right to clean up settle, compromise or dispose of any and all contamination in full compliance with all applicable statutesactions, regulations claims and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect demands related to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforforegoing indemnity.

Hazardous Materials. Landlord represents Tenant shall have no obligation to Tenant that make any repairs, alterations or improvements to Landlord’s knowledge, the Leased Premises or incur any costs or expenses whatsoever as a result of the Commencement Date, the Premises shall be free existence of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and at the Leased Premises unless such Hazardous Materials introduced to are placed on the Leased Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, as a result of the foregoing, Landlord discloses to act of Tenant, and Tenant acknowledges such disclosureits employees, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant thatagents, as of representatives, contractors or vendors after the date of this Leasehereof, there are no CFC-based refrigerants in after the Building’s base building HVAC systemdate hereof. Landlord shall be responsible, at its sole cost and expense, solely responsible for any changes to remove or remediate (or cause the removal or remediation of) any Leased Premises relating to Hazardous Materials (i) found in the Building during the performance required by any present or future laws, ordinances and regulations of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent any governmental authority, insurance carrier or any similar body, unless such Hazardous Materials are existing in placed on the Leased Premises in violation as a result of Landlord’s representation set forth in the first sentence act of this paragraph Tenant, its employees, agents, representatives, contractors or (ii) introduced vendors after the date hereof. In the event Tenant should desire to make any additions or improvements to the Leased Premises by Landlord and is forced to incur any identifiable charges or expenses arising as a result of Hazardous Materials (not placed on the Leased Premises after the Commencement Date and during date hereof as a result of the Lease Termact of Tenant, to its employees, agents, representatives, contractors or vendors after the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”date hereof) in, underon, on under or about at the PremisesLeased Premises and which would not have otherwise been incurred with respect to such measures, Landlord shall be fully responsible for and shall reimburse Tenant for such expenses. Base Rent, Additional Rent and all other amounts payable by Tenant under this Lease shall ▇▇▇▇▇ if as a result of the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course presence of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in of the PremisesLeased Premises or any Hazardous Materials Claim (not arising as a result of the act of Tenant, its employees, agents, representatives, contractors or vendors after the date hereof after the date hereof), Tenant may not use the Leased Premises for the conduct of Tenant's business. Landlord shall indemnify and hold Tenant harmless on demand from and against all containers thereforliabilities, shall be usedcosts, keptdamages and expenses which Tenant may incur (including, stored without limitation, attorneys' and disposed consultants' fees and disbursements) as the result of the presence of Hazardous Materials (not placed on the Leased Premises after the date hereof as of the result of the act of Tenant, its employees, agents, representatives, contractors or vendors after the date hereof) or pursuant to any Environmental Law, including, without limitation, claims, proceedings, enforcement, cleanups, removals or other actions of any governmental entity or any third party against or with due care and in conformity with all applicable Requirements. If respect to the transportationLeased Premises relating to, arising out of or attributable to the presence, use, generation, storage, userelease, handlingthreatened release, discharge, transportation, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere (not placed on the Property arising out Leased Premises after the date hereof as a result of or resulting from the acts or omissions act of Tenant or Tenant, its employees, agents, employeesrepresentatives, contractorscontractors or vendors after the date hereof) (collectively, invitees, guests or others acting by, through or under Tenant"Hazardous Materials Claims"), or Tenant’s use of -------------------------- in enforcing the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of Article 28 and Tenant may offset all such liabilities, costs, damages and expenses against Base Rent, Additional Rent and all other amounts payable by Tenant under this Lease. No consent or approval The foregoing indemnity of Landlord in favor of Tenant in this Article 28 shall be limited in any way its application to those items set forth in Schedule 5.16 of the Asset Contribution and Exchange Agreement, dated as of January 25, 1999, among Tenant, Kelco Industries, Inc., Landlord, individually and as Trustee of the ▇▇▇▇ ▇. ▇▇▇▇▇ 1997 Annuity Trust and ▇▇▇▇▇ ▇. ▇▇▇▇▇ (the "Asset Agreement") in the same manner --------------- and extent as the indemnification obligations of Seller (as defined in the Asset Agreement) and the Shareholders (as defined in the Asset Agreement) are limited in Section 12.4(a) of the Asset Agreement with respect to items set forth on Schedule 5.16 of the Asset Agreement; however, there shall be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and no time limit with respect to the foregoingindemnification obligations of Landlord under this Lease. The terms Except as limited in the preceding sentence, there are no other limitations upon the indemnification obligations of Landlord provided for in this Section 5.7 Lease and the limitation in the preceding sentence shall apply have no application to any transportation, handling, storage, use or disposal the indemnification obligations of Hazardous Materials irrespective Landlord in their application to items not set forth in Schedule 5.16 of whether Tenant has obtained Landlord’s consent thereforthe Asset Agreement.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises a. Neither Lessee nor any Carrier shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant cause or permit any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substanceswastes, substances or materials or wastes (collectively collectively, “Hazardous Materials”) into be used, undergenerated, on stored or about the Premisesdisposed of on, under or about, or transported to or from, the Building and/or the Lot except Leased Premises (collectively “Hazardous Materials Activities”) without first receiving Lessor’s written consent, which may be withheld for usual any reason whatsoever and customary office products such as toner or cleaners which contain Hazardous Materials; providedmay be revoked at any time, that and then only in compliance (iwhich shall be at Lessee’s sole cost and expense) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirementslegal requirements and using all necessary and appropriate precautions. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, Lessee shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend with counsel acceptable to Lessor and hold Landlord Lessor harmless from and against any claims, suits, causes of actiondamages, costs and feesliabilities, including, without limitation, reasonable attorneys’ including court costs and legal fees, arising out of Lessee’s or Carrier’s Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has approved Lessee’s Hazardous Materials Activities. For the purposes of this Lease, Hazardous Materials shall include but not be limited to oil, radioactive materials, PCBs, and substances defined as “hazardous substances” or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 etseq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; and Resources Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., and those substances defined as “hazardous wastes” in the regulations adopted and publications promulgated pursuant to said laws. Notwithstanding the foregoing, a list of Hazardous Materials and Hazardous Materials Activities preapproved by Lessor is attached hereto as Exhibit C. Prior to conducting any other Hazardous Materials Activities, Lessee shall update such list as necessary for continued accuracy. Lessee shall also provide Lessor with a copy of any Hazardous Materials inventory statement required by any applicable legal requirements. If Lessee’s activities violate or create a risk of violation of any legal requirements, Lessee shall cease such activities immediately upon notice from or connected Lessor. Lessor, Lessor’s representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with any such contamination, claim of contamination, loss or damagejurisdiction. The provisions of this Section 5.7 15 shall survive termination or expiration of the expiration or termination term of this Lease. ▇. No ▇▇▇▇▇▇ acknowledges that Lessee’s or the Carriers’ equipment cabinets may contain batteries and fuel tanks for back-up power, other sealed batteries, petroleum fuels, engine oil, antifreeze, HVAC refrigerants, fire suppression devices, fluorescent lighting, electrical equipment components and that, provided Lessee’s or such Carrier’s use of same is in compliance with this provision, the presence of such batteries or fuel tanks and other items does not violate this provision and shall not require any further consent from Lessor if such batteries or approval fuel tanks and other items comply with all laws, regulations and ordinances relating to Hazardous Materials. c. Lessee will immediately notify Lessor and provide copies upon receipt of Landlord all written complaints, claims, citations, demands, inquiries, reports, or notices relating to the condition of the Leased Premises or compliance with environmental laws. Lessee shall promptly cure and have dismissed with prejudice any of those actions and proceedings to the satisfaction of Lessor. Lessee will keep the Leased Premises free of any lien imposed pursuant to any environmental laws. ▇. ▇▇▇▇▇▇ shall have the right at all reasonable times and from time to time to conduct environmental audits of the Leased Premises, and Lessee shall cooperate in the conduct of those audits. The audits may be conducted by Lessor or a consultant of Lessor’s choosing, and if any way Hazardous Materials generated, stored, transported or released by Lessee are detected or if a violation of any of the representations or covenants in this Section 15 is discovered, the fees and expenses of such consultant will be borne by Lessee. e. If Lessee fails to comply with any of the foregoing representations and covenants, Lessor may cause the removal (or other cleanup acceptable to Lessor) of any Hazardous Materials from the Leased Premises. The costs of removing Hazardous Materials and any other cleanup (including transportation and storage costs) shall be reimbursed by Lessee promptly after Lessor’s demand and will be additional rent under this Lease. Lessee will give Lessor access to the Leased Premises to remove or otherwise clean up any Hazardous Materials. Lessor, however, has no affirmative obligation to remove or otherwise clean-up any Hazardous Materials, and this Lease will not be construed as imposing upon Landlord creating any liability for such obligation. f. Notwithstanding the meansforegoing, methods, or manner of removal, containment or other compliance with applicable Requirements for Lessor represents and with respect warrants that to the foregoingbest of its knowledge and belief there are no Hazardous Materials on, in or under the Site. The terms Lessor covenants not to bring onto the Site any Hazardous Materials. Lessor shall indemnify Lessee and hold it harmless against any claims, damages, losses or liabilities (including reasonable attorney’s fees) incurred by Lessee and arising from any breach of this Section 5.7 shall apply to any transportation, handling, storage, use the foregoing representation and warranty and from the presence or disposal removal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforMaterials.

Hazardous Materials. Landlord represents and Tenant agree as follows with respect to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free existence or use of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, Toxic Substances on or about the Premises: A. As used herein, the Building terms "Hazardous Materials and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that Toxic Substances" mean (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii1) any such use hazardous or toxic substance, material or waste which is in strict compliance with all or becomes regulated by any local, state or federal government or special district, (2) designated as a "hazardous substance" pursuant to Section 1311 of the Federal Water Pollution Control Act (33 USC Section 1317), (3) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 USC Section 6901, ET SEQ. (42 USC Section 6903), (4) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Section 9601, ET SEQ. (42 USC Section 9601), (5) defined as a "hazardous waste" or as a "hazardous substance" pursuant to Section 25117, 25316 or 25821(d) of the California Health and Safety Code, or (6) any infectious wastes or substances. References herein to specific statutes or laws shall also be references to any amendments of or applicable Requirements. Without limiting the foregoing, successor statutes or laws. B. Tenant shall not cause or permit any Hazardous Materials or Toxic Substances to be brought upon, kept or used in or about the PremisesPremises or the real property of which the Premises are a part (the "Project") by Tenant, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, contractors or invitees, guests without the prior written consent of Landlord. Landlord shall not unreasonably withhold such consent as long as Tenant demonstrates to Landlord's reasonable satisfaction and covenants to Landlord that such Hazardous Materials or others acting byToxic Substances are necessary or useful to Tenant's business and will be used, through kept and stored in a manner that complies with all laws relating to any such Hazardous Materials or under TenantToxic Substances so brought upon or used or kept in or about the Premises or the Project. If Tenant breaches the obligations stated in the preceding sentence, or Tenant’s use if the presence of Hazardous Materials or Toxic Substances on the Premises, Premises or the Project caused or permitted by Tenant results in (1) contamination of the soilPremises or the Project, air, surface or ground water if contamination of the Premises or (2) loss, the Project by Hazardous Materials or Toxic Substances otherwise occurs for which Tenant is legally liable to Landlord for damage or harm to person(s) or propertyresulting therefrom, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to shall indemnify, defend and hold Landlord harmless from any and against any all claims, suitsjudgments, causes of actiondamages, costs and feespenalties, fines, costs, liabilities or losses (including, without limitation, reasonable diminution in value of the Premises or the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Project, and sums paid in settlement of claims, actual attorneys’ ' fees, arising from consultant fees and expert fees), which arise during or connected after the term of the Lease as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any such contaminationinvestigation of site conditions, claim including regular inspections, or any clean-up, remedial, removal or restoration work required or recommended by any federal, state or local governmental agency or political subdivision because of contamination, loss Hazardous Materials or damageToxic Substances present in the soil or ground water on or under the Premises and/or the Project. The provisions indemnity, defense and hold harmless obligations of Tenant under this Section 5.7 Rider shall survive the expiration or any termination of this Lease. No consent Without limiting the foregoing, if the presence of any Hazardous Materials or Toxic Substances on the Premises or the Project caused or permitted by Tenant results in any contamination of the Premises or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises and the Project to the condition existing prior to the introduction of any such Hazardous Materials or Toxic Substances; provided that, Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions, in Landlord's sole and absolute discretion, would not potentially have any material adverse long-term or short-term effect on the Premises or the Project. C. Landlord shall in have the right, at any way time, to cause testing ▇▇▇▇▇ to be construed installed on or about the Premises and/or the Project, and may, at its option, cause the ground water, soil and air to be tested to detect the presence of Hazardous Materials or Toxic Substances at least once every twelve (12) months during the term of the Lease by the use of such tests as imposing upon are then customarily used for such purposes. If Tenant so requests, Landlord any liability shall supply Tenant with copies of such test results. The cost of such tests and of the maintenance, repair and replacement of such ▇▇▇▇▇ shall be fully paid for by Tenant within ten (10) days after receiving a statement of charges from Landlord. D. Landlord and Landlord's agents shall have the right to inspect the Premises for the means, methods, or manner purposes of removal, containment or other ascertaining Tenant's compliance with applicable Requirements for and with respect to the foregoingthis Rider. The terms cost of this Section 5.7 such inspections shall apply be reimbursed to Landlord by Tenant. In the event of a spill or mishandling of Hazardous Materials or Toxic Substances, Tenant shall immediately inform Landlord verbally and in writing. Such notice shall identify the Hazardous Materials or Toxic Substances involved and the emergency procedures taken. E. It shall not be unreasonable for Landlord to withhold its consent to any transportation, handlingproposed assignment or sublease if: (1) the proposed assignee's or sublessee's anticipated use of the Premises or the Project involves the generation, storage, use use, treatment or disposal of Hazardous Materials irrespective or Toxic Substances; (2) the proposed assignee or sublessee has been required by any prior landlord, lender or governmental authority to take remedial action in connection with Hazardous Materials or Toxic Substances contaminating a property if the contamination resulted from such assignee's or sublessee's actions or use of whether Tenant has obtained Landlord’s consent therefor.the property in question; or

Hazardous Materials. Landlord represents Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant that may use and store normal and reasonable quantities of standard cleaning and office materials in the Premises as may be reasonably necessary for Tenant to Landlord’s knowledgeconduct normal general office use operations in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended, or any applicable state or local law that requires reporting. (a) At the expiration or earlier termination of this Lease, with respect to conditions existing on account of Tenant’s use or occupancy of the Commencement DatePremises, Tenant shall surrender the Premises shall be to Landlord free of Hazardous Materials that would violate Requirements except as disclosed pursuant and in compliance with all Environmental Laws. If Landlord has consented to Exhibit EXISTING CONDITIONS and allow Tenant to use Hazardous Materials introduced (other than customary cleaning and office supplies) in the Premises, Landlord may require, at Tenant’s sole expense at the end of the Lease Term, a clean site certification, environmental audit or site assessment. (b) Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel reasonably approved by Landlord) and hold Landlord and Landlord’s Representatives harmless from and against any and all Claims (including indirect and consequential damages, to the extent awarded in a final judgment) of any kind or nature, known or unknown, contingent or otherwise, which arise out of or are in any way related to an Environmental Default (including, but not limited to, attorneys’, consultant, laboratory and expert fees and any diminution in the value of the Building, damages for the loss or restriction on use of any space or amenity of the Building), whether before, during or after the Lease Term arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials in or about the Premises or the Building by Tenant or any Agent or by an Environmental Default (as defined in Rider 1) by Tenant. (c) Tenant Party. In furtherance ofshall: (i) give Landlord immediate verbal and follow up written notice of any actual or threatened Environmental Default with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent when Tenant had a duty to act, which Environmental Default Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlord’s prior written consent, which shall not in limitation ofbe unreasonably withheld, conditioned or delayed; and (ii) promptly deliver to Landlord copies of any notices or other items received from or submitted to any governmental or quasi-governmental agency, or any claim instituted or threatened by any third party, concerning the Premises, the foregoingoccupancy or use thereof, Landlord discloses or the existence or potential existence of Hazardous Materials therein. Tenant covenants to Tenantpromptly investigate, clean up and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleotherwise remediate, at its Tenant’s sole cost and expense, to remove any spill, release or remediate (or cause the removal or remediation of) any discharge of Hazardous Materials (i) found caused by an Environmental Default. Such investigation, clean up and remediation shall be performed in accordance with all Environmental Laws and to the Building during the performance satisfaction of the Landlord and only after Tenant has obtained Landlord’s Work written consent. (except d) Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the extent right but not the responsibility of obligation to immediately enter the Premises, to supervise and approve any actions taken by Tenant as provided belowto address the Environmental Default, and, if Tenant fails to promptly address same in accordance with this Lease, to perform, at Tenant’s sole cost and expense, any lawful action necessary to address same. (e) solely If Landlord has reasonable grounds to the extent such believe that Tenant is not in compliance with this Section or if Landlord has agreed that Tenant may use Hazardous Materials are existing in other than customary cleaning and office supplies, Landlord shall have the Premises in violation of Landlord’s representation set forth in right but not the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and obligation, at all times during the Lease Term, to inspect the extent required Premises and conduct tests and investigations and take samples to determine whether Tenant is in compliance with the provisions of this Article, and to request lists of all Hazardous Materials used, stored or located at the Premises. In the event that it is determined that Tenant has in fact violated this Section, the cost of all such inspections, tests and investigations shall be borne by RequirementsTenant. Landlord will use its reasonable efforts to provide Tenant shall not usewith notice of any such inspection in advance thereof. At any time during the Lease Term, handleLandlord may perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials and the potential costs in connection with abatement, transport, storecleanup, or dispose removal of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) inMaterials found on, under, on at, or about within the Premises. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlord’s agents reasonable access to any and all parts of the Premises and to the records of Tenant with respect to the Premises for the purpose of performing such environmental site assessment or environmental audit. (f) Landlord represents that, to Landlord’s knowledge, the Premises, the Building and/or and the Lot except Land are not in violation of any Environmental Law as such Environmental Law was applied to the Land and the Building by applicable governmental agencies during development of the Building. Landlord shall remedy any violation of this warranty at its sole cost to the extent required by applicable governmental agencies. Tenant has been advised that remediation was performed as part of the development and applicable records may be obtained from the Department of Ecology. Landlord will provide a copy of the “No Further Action” letter issued by the Department of Ecology upon request. (g) Notwithstanding any contrary provision contained in this Lease, Landlord shall be responsible for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Environmental Laws which would require Tenant to remediate any Hazardous Materials in located within the Premises, and all containers therefor, shall be used, kept, stored and disposed Premises on the date of with due care and in conformity with all applicable Requirements. If delivery of possession of the transportation, storage, use, handling, or disposal of Premises to Tenant to the extent any such Hazardous Materials violate any Environmental Law as interpreted and applied to the Premises as of such date. Notwithstanding anything to the contrary contained in the Premisesthis Lease, the Buildingbut subject to applicable limitations on Landlord’s liability and waivers of subrogation, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Landlord will indemnify, defend (with counsel reasonably approved by Tenant) and hold Tenant or its agentsand Tenant’s affiliates, shareholders, partners, directors, officers, employees, contractorsagents and representatives, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claimsclaim, suitscost, causes of actiondamage, costs and fees, including, expense (including without limitation, limitation reasonable attorneys’ feesfees and costs of defense including consultant, laboratory and expert fees but excluding any indirect, punitive or consequential damages other than consequential damages awarded to a third party in a final judgment against an indemnified party based on a third party claim covered by Landlord’s indemnity obligation), loss, liability, or judgment now or hereafter arising as a result of any claim associated with any required clean-up or other actions arising from (i) Landlord’s breach of the representation under Section 6.4(f) or connected (ii) Landlord’s release of any Hazardous Materials in violation of any applicable Environmental Laws in effect as of the date the Hazardous Materials were first placed on, in or under the Premises, Land or Building. Landlord shall also be responsible for compliance with any Environmental Laws for areas outside the Premises and outside other tenants’ premises, except to the extent any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and is required with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether introduced by Tenant has obtained Landlord’s consent thereforor its Agents.

Hazardous Materials. Landlord represents to Tenant that to (A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises or any portion of the Building by or on behalf of Tenant, its subtenants or its assignees, or their respective contractors, clients, officers, managers, members, partners, directors, employees, agents, or invitees without Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of prior written consent. Any Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to brought into the Premises Building, or discharged in, about, above or beneath the Building by Tenant or any Tenant Party. In furtherance of, and not in limitation of, such other persons described above shall be known as “Tenant’s Hazardous Materials.” Notwithstanding the foregoing, Landlord discloses to normal quantities of Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain ’s Hazardous Materials customarily used in the basement conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Building contains asbestos-containing materialsPremises without Landlord’s prior written consent. Landlord further represents to Tenant thatTenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefore and all applicable Environmental Laws, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibledefined herein. (B) Tenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, which requirements or necessity arises from the Handling of Tenant’s Hazardous Materials upon, about, above or beneath the Premises or any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Except as otherwise agreed to remove by Landlord based upon advise of its environmental consultants, Tenant shall take all actions necessary to restore the Premises or remediate any portion of the Building to the condition existing prior to the introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section 63(B), which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Premises or any portion of the Building. (C) Tenant agrees to execute affidavits, representations, and the like from time to time at Landlord’s request describing the Hazardous Materials used at the Premises by Tenant. (D) Landlord represents to its knowledge that (i) no Hazardous Materials is present on or cause about the Building in violation of Environmental Laws and (ii) there is no action pending before any Regulatory Authority regarding the presence of Hazardous Materials in the Building. (E) Landlord has disclosed to Tenant and Tenant has acknowledged that a small amount of non-friable encapsulated asbestos is located in the stairway leading to the penthouse and that such encapsulated asbestos will not be removed by Landlord. (F) In no event shall Tenant be liable for the removal or remediation of) of any Hazardous Materials (i) found or for any costs or expenses incurred by Landlord in the Building during the performance of the Landlord’s Work (connection with such removal or remediation except to the extent the removal or remediation of such Hazardous Materials is the responsibility of Tenant pursuant to this Section 6.3. Except as provided below) solely expressly set forth herein with respect to Tenant’s obligations, Landlord shall pay or cause others to pay for the removal or remediation of any Hazardous Materials in the Building or the Premises which are in violation of Environmental Laws. If and to the extent that such Hazardous Materials are existing in the Premises in violation of event is covered by Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Termrent interruption insurance, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose be entitled to abatement of Rent during any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about period of time when the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; providedany portion thereof, that (i) such cleansers, office supplies and products are ordinarily and customarily cannot be used or occupied in the ordinary course of first-class Tenant’s business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting due to the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal presence of Hazardous Materials in the Premisesthat are not Tenant’s Hazardous Materials in, about, above or under the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Landlord represents (a) Tenant shall comply with all Environmental Laws (as hereinafter defined) pertaining to Tenant that to Landlord’s knowledge, as Tenant's occupancy and use of the Commencement DatePremises and concerning the proper storage, handling and disposal of any Hazardous Material (as hereinafter defined) introduced to the Premises, the Building or the Property by Tenant or its subtenants, assignees, licensees, employees, officers, directors, partners, members, servants, agents, contractors, subcontractors, customers, representatives or invitees (individually, a "Tenant Party" or collectively, "Tenant Parties"). Landlord shall comply with all Environmental Laws applicable to the Property other than those to be complied with by Tenant pursuant to the preceding sentence. Tenant shall not generate, store, use, handle or dispose of any Hazardous Material in, on, or about the Property without the prior written consent of Landlord, which may be withheld in Landlord's sole discretion, except that such consent shall not be required to the extent of Hazardous Material packaged and contained in office products for consumer use in general business offices in quantities for ordinary day-to-day use provided such use does not give rise to, or pose a risk of, exposure to or release of Hazardous Material, and except that Tenant shall have the right to generate, store, use, handle and dispose of the substances listed on Exhibit F attached hereto in quantities not to exceed those listed on Exhibit F (the "Permitted Hazardous Materials") provided that in so doing Tenant complies with all Environmental Laws and with this Lease. In the event that Tenant is notified of any investigation or violation of any Environm▇▇▇▇▇ Law arising from Tenant's activities at the Premises, or the activity of any Tenant Party, Tenant shall immediately deliver to Landlord a copy of such notice. In such event or in the event Landlord reasonably believes that a violation of Environmental Law exists, Landlord may conduct such tests and studies relating to compliance by Tenant with Environmental Law or the alleged presence of Hazardous Material upon the Premises as Landlord deems desirable, all of which shall be free completed at Tenant's expense, unless such tests conclude that no violation of Hazardous Materials that would violate Requirements except as disclosed pursuant any Environmental Law has arisen due to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to activities at the Premises by Tenant or any Tenant Party. In furtherance ofLandlord's inspection and testing rights are for Landlord's own protection only, and Landlord has not, and shall not in limitation ofbe deemed to have assumed any responsibility to Tenant or any other party for compliance with Environmental Laws, as a result of the exercise, or non-exercise of such rights. Tenant hereby indemnifies, and agrees to defend, protect and hold harmless, the foregoingIndemnitees from any and all loss, Landlord discloses to Tenantclaim, and Tenant acknowledges such disclosuredemand, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant thataction, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, liability and cost (including attorneys' fees and expenses) arising out of or in any way related to remove or remediate (or cause the removal or remediation of) presence of any Hazardous Materials Material (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such including without limitation a Permitted Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (iiMaterial) introduced to the Premises by Landlord after Premises, Building or the Commencement Date and Property during the Lease TermTerm by Tenant or any Tenant Party, or the breach of this Section 18 by Tenant. In case of any action or proceeding brought against the Inde▇▇▇▇▇▇s by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel chosen by Landlord, in Landlord's reasonable discretion. Landlord reserves the extent required by Requirements. Tenant shall not use▇▇▇▇▇ ▇o settle, handle, transport, store, compromise or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers thereforactions, shall be used, kept, stored claims and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect demands related to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforforegoing indemnity.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of the Commencement Date, the Premises shall be free of A. Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by RequirementsMaterials. Tenant shall not transport, use, store, maintain, generate, manufacture, handle, transportdispose, storerelease, discharge, spill or leak any “Hazardous Material (as defined below), or dispose permit Tenant’s employees, agents, contractors, or other occupants of any oilthe Premises to engage in such activities on or about the Building or the Property. However, hazardous or toxic substancesthe foregoing provisions shall not prohibit the transportation to and from, materials or wastes and use, storage, maintenance and handling within, the Premises of substances customarily and lawfully used in the business which Tenant is permitted to conduct in the Premises under this Lease but only as an incidental and minor part of such business, and provided: (collectively i) such substances shall be properly labeled, contained, used and stored only in small quantities reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant’s business therein, strictly in accordance with applicable Laws, highest prevailing standards, and the manufacturers’ instructions therefor, and as Landlord shall reasonably require, (ii) Tenant shall provide Landlord with ten (10) days advance notice and current Material Safety Data Sheets (“Hazardous MaterialsMSDSs”) intherefor, underand Landlord reserves the right to prohibit or limit such substances in each such instance, on (iii) such substances shall not be disposed of, released, discharged or permitted to spill or leak in or about the Premises, the Building and/or or the Lot except for usual Property (and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, under no circumstances shall any Hazardous Materials in the Premises, and all containers therefor, shall Material be used, kept, stored and disposed of with due care and within the drains or plumbing facilities in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in serving the Premises, the Building, the Lot Building or anywhere on the Property arising out or in any other public or private drain or sewer, regardless of quantity or resulting concentration), (iv) if any applicable Law or Landlord’s trash removal contractor requires that any such substances be disposed of separately from the acts or omissions of ordinary trash, Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or shall make arrangements at Tenant’s use of the Premises, results expense for such disposal in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation approved containers directly with a qualified and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standardslicensed disposal company at a lawful disposal site, and (iiiv) to indemnifyany remaining such substances shall be completely, defend properly and hold Landlord harmless lawfully removed from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from the Building or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the Property upon expiration or earlier termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Landlord represents Tenant shall not cause, or allow any of Tenant's Parties to Tenant that to Landlord’s knowledgecause, as of the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance to be used, generated, stored or disposed of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that Project (i) such cleansers, office supplies and products are ordinarily and customarily other than materials used in the ordinary course of first-class Tenant's business offices and (ii) any such use is which shall be used by Tenant in strict compliance with all applicable Requirementslaws). Without limiting the foregoingAs used in this Lease, any "Hazardous Materials in the PremisesMaterials" shall include, but not be limited to, hazardous, toxic and all containers thereforradioactive materials and those substances defined as "Hazardous Substances", shall be used"Hazardous Materials", kept"Hazardous Wastes", stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling"Toxic Substances", or disposal of Hazardous Materials other similar designations in any federal, state or local law, regulation, or ordinance. Landlord shall have the Premisesright at all reasonable times to inspect the Premises and to conduct tests and investigations to determine whether Tenant is in compliance with the foregoing provisions, the Buildingcosts of all such inspections, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of tests and investigations to be borne by Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results if it is determined that Tenant is not in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to laws. Tenant shall indemnify, defend defend, protect and hold Landlord harmless from and against any claimsall liabilities, suitslosses, costs and expenses, demands, causes of action, costs and feesclaims or judgments directly or indirectly arising out of the use, includinggeneration, storage or disposal of Hazardous Materials by Tenant or any of Tenant's Parties, which indemnity shall include, without limitation, reasonable attorneys’ feesthe cost of any required or necessary repair, arising from cleanup or connected with detoxification, and the preparation of any closure or other required plans, whether such contamination, claim of contamination, loss action is required or damage. The provisions of this Section 5.7 shall survive necessary prior to or following the expiration or termination of this Lease. No Neither the written consent or approval of by Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportationuse, handlinggeneration, storage, use storage or disposal of Hazardous Materials irrespective nor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of whether Tenant has obtained Landlord’s consent thereforindemnification pursuant to this Paragraph 4.D. Tenant's obligations pursuant to the foregoing indemnity shall survive the termination of this lease.

Hazardous Materials. Landlord represents to Neither Tenant that to Landlordnor Tenant’s knowledgeagents shall permit the introduction, as placement, use, storage, manufacture, transportation, release or disposition (collectively “Release”) of any Hazardous Material(s) (defined below) on or about any portion of the Commencement DateProject without the prior written consent of Landlord, which consent may be withheld in the Premises shall be free sole and absolute discretion of Landlord without any requirement of reasonableness in the exercise of that discretion. Notwithstanding the immediately preceding sentence to the contrary, Tenant may use de minimis quantities of the types of materials which are technically classified as Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced but commonly used in domestic or office use to the Premises by Tenant or any Tenant Party. In furtherance of, and extent not in limitation ofan amount, the foregoingwhich, Landlord discloses to Tenanteither individually or cumulatively, and would be a “reportable quantity” under any applicable Law. Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant covenants that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, Tenant will comply with all applicable Laws with respect to remove the Release by Tenant, its agents, employees, contractors or remediate (or cause invitees of such permitted Hazardous Materials. Any Release beyond the removal or remediation of) any Hazardous Materials (i) found scope allowed in this paragraph shall be subject to Landlord’s prior consent, which may be withheld in Landlord’s sole and absolute discretion, and shall require an amendment to the Lease in the Building during event Landlord does consent which shall set forth the performance materials, scope of the use, indemnification and any other matter required by Landlord in Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date sole and during the Lease Term, to the extent required by Requirementsabsolute discretion. Tenant shall not useindemnify, handledefend and hold Landlord and Landlord’s agents harmless from and against any and all claims, transportlosses, storedamages, liabilities, or dispose expenses arising in connection with the Release of Hazardous Materials by Tenant, any oilof Tenant’s Agents or any other person using the Premises with Tenant’s knowledge and consent or authorization. Tenant’s obligation to defend, hazardous hold harmless and indemnify pursuant to this Paragraph 6.4 shall survive Lease Termination as to events occurring prior to Lease Termination and prior to any holding over in the Premises, or toxic substancesapplicable portion thereof, materials by Tenant, if applicable. The foregoing indemnity shall not apply to, and Tenant shall not be responsible for, the presence or wastes (collectively “Release of Hazardous Materials”) inMaterials on, under, on or about the Premises, Building or Common Area to the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that extent (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in not introduced onto the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, Building or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Common Area by Tenant or any of its agents, employees, contractors, subcontractors, invitees, guests or others acting bysuccessors, through or under Tenantrepresentatives, guests, customers, suppliers, or Tenant’s use of the Premisesaffiliated companies, results in (1) contamination of the soil, air, surface or ground water or (2ii) losscaused by Landlord or Landlord’s employees, damage agents, contractors or harm to person(s) or property, then Tenant agrees invitees (the Hazardous Materials described in clauses (i) and (ii) are referred to notify as “Excluded Hazardous Materials”). Landlord immediately shall be responsible for the clean up or remediation, at no cost to Tenant, of any contaminationHazardous Materials caused to be present on, claim under of contaminationabout the Project, loss or damageany portion thereof, by Landlord or any of its agents, employees or contractors. As used in this Lease, the term “Hazardous Materials” means any chemical, substance, waste or material which has been or is hereafter determined by any federal, state or local governmental authority to be capable of posing risk of injury to health or safety, including without limitation, those substances included within the definitions of “hazardous substances,” “hazardous materials,” “toxic substances,” or “solid waste” under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, and the Hazardous Materials Transportation Act, as amended, and in the regulations promulgated pursuant to said laws; those substances defined as “hazardous wastes” in section 25117 of the California Health & Safety Code, or as “hazardous substances” in section 25316 of the California Health & Safety Code, as amended, and in the regulations promulgated pursuant to said laws; those substances listed in the United States Department of Transportation Table (49 CFR 172.101 and amendments thereto) or designated by the Environmental Protection Agency (or any successor agency) as hazardous substances (see, e.g., 40 CFR Part 302 and amendments thereto); such other substances, materials and wastes which are or become regulated or become classified as hazardous or toxic under any Laws, including without limitation the California Health & Safety Code, Division 20, and Title 26 of the California Code of Regulations; and any material, waste or substance which is (i) petroleum, (ii) after consultation with and approval by Landlordasbestos, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) polychlorinated biphenyls, (iv) designated as a “hazardous substance” pursuant to indemnifysection 311 of the Clean Water Act of 1977, defend 33 U.S.C. sections 1251 et seq. (33 U.S.C. § 1321) or listed pursuant to section 307 of the Clean Water Act of 1977 (33 U.S.C. § 1317), as amended; (v) flammable explosives; (vi) radioactive materials; or (vii) radon gas. Landlord shall have the right, upon reasonable advance written notice to Tenant (except such written notice shall not be required in the event of an emergency), to inspect, investigate, sample and/or monitor the Premises, the Building and hold Landlord harmless from and against Common Area, including any claimssoil, suitswater, causes of actiongroundwater, costs and feesor other sampling, including, without limitation, reasonable attorneys’ fees, arising from or connected to the extent reasonably necessary to determine whether Tenant is complying with any such contamination, claim of contamination, loss or damage. The provisions the terms of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and Lease with respect to Hazardous Materials. Unless (i) a previous inspection has disclosed a violation by Tenant of the foregoingcovenants contained in this Paragraph 6.4, (ii) an inspection, investigation, sampling and/or monitoring is required by Landlord’s lender or a prospective lender or purchaser of the Project, (iii) an inspection, investigation, sampling and/or monitoring is required due to an emergency situation, (iv) an inspection if required by a governmental agency, or (iv) Tenant is in default under this Lease beyond any applicable cure period, such inspections, investigations, sampling and/or monitoring shall be performed not more often than semi-annually. The terms In connection therewith, Tenant shall provide Landlord with reasonable access during reasonable hours to all portions of the Premises and Common Area; provided, however, that Landlord shall avoid any unreasonable interference with the operation of Tenant’s business on the Premises. Tenant shall have the right to have an observer attend and monitor all such inspections and investigations conducted by Landlord. In the event that any such inspection, investigation, sampling or monitoring discloses a violation of Tenant’s obligations with respect to Hazardous Materials pursuant to this Section 5.7 6.4, all costs incurred by Landlord in performing such inspections, investigation, sampling and/or monitoring shall apply be reimbursed by Tenant to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord as Additional Rent within thirty (30) days after Landlord’s consent therefordemand for payment.

Hazardous Materials. Landlord represents Certain California and federal laws, including the Comprehensive Environmental Response Compensation & Liability Act of 1980 (“CERCLA”), 42 U.S.C. Section 9601 et seq., and California Health & Safety Code Section 25359.7, require sellers of certain real estate to Tenant that to Landlord’s knowledge, as of disclose the Commencement Date, the Premises shall be free existence of Hazardous Materials that would violate Requirements except as disclosed pursuant located on or beneath the property being transferred. To satisfy such obligations under any and all applicable laws, ordinances, rules and regulations, Seller, on behalf of itself and the Seller Parties has provided to Exhibit EXISTING CONDITIONS Buyer the Disclosure Statement. Subject to Seller’s representations and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance ofwarranties in this Agreement, Buyer acknowledges and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials agrees (i) found in that Seller has not made any representations or warranties regarding the Building during Property Documents or the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease TermDisclosure Statement, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) that Seller shall have no liability for any such use of the soil, environmental or structural conditions or any other conditions or matters described in any Property Documents or the Disclosure Statement, or otherwise. Seller agrees that Buyer shall have the right to retain its own consultants and experts to conduct its own inspections and examinations of the Property and all matters relating to the Property pursuant to the Access Agreement. By its execution of this Agreement, subject to Seller’s representations and warranties in this Agreement, Buyer (1) acknowledges its receipt of the Disclosure Statement given pursuant to Section 25359.7 of the California Health and Safety Code and that it is in strict compliance with all applicable Requirements. Without limiting aware of the foregoing, benefits conferred to Buyer by Section 1542 of the California Civil Code and the risks it assumes by any Hazardous Materials waiver of its benefits thereunder; (2) is fully aware of or prior to the expiration of the Due Diligence Period will be fully aware of the matters described in the PremisesProperty Documents; and (3) after receiving advice of its legal counsel, waives any and all containers thereforrights or remedies whatsoever, shall be usedexpress or implied, keptBuyer may have against Seller, stored including remedies for actual damages under Section 25359.7 of the California Health and disposed of with due care and in conformity with all applicable Requirements. If the transportationSafety Code, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts any unknown, unforeseen or omissions unanticipated presence or releases of Tenant Hazardous Substances or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising other Hazardous Substances from or connected with on the Property. Notwithstanding anything to the contrary contained herein, nothing in this Section 5.3 shall limit, waive, amend, modify or negate any such contaminationobligation or liability of Ligand or any other Seller Party pursuant to the Lease, claim which Lease provisions are intended to be a narrow exception to the provisions of contamination, loss or damagethis Agreement. The provisions of this Section 5.7 paragraph shall survive the expiration or termination Close of this Lease. No consent or approval of Landlord Escrow and shall in any way not be construed as imposing upon Landlord any liability for merged with the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforDeed.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge(A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises or any portion of the Commencement DateBuilding by or on behalf of Tenant, the Premises its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials so Handled shall be free of known as Tenant’s Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant PartyMaterials. In furtherance of, and not in limitation of, Notwithstanding the foregoing, Landlord discloses to normal quantities of Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain ’s Hazardous Materials customarily used in the basement conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Building contains asbestos-containing materialsPremises without Landlord’s prior written consent. Landlord further represents to Tenant thatTenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefore and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of the date of Tenant to indemnify Landlord pursuant to this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsibleTenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or necessary for Landlord to remove make full economic use of the Premises or remediate (any portion of the Building, which requirements or cause necessity arises from the removal or remediation of) any Handling of Tenant’s Hazardous Materials (i) found in upon, about, above or beneath the Building during the performance Premises or any portion of the Landlord’s Work (except to Building. Such actions shall include, but not be limited to, the extent investigation of the responsibility environmental condition of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation or any portion of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot preparation of any feasibility studies or anywhere reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises or any portion of the Building to the condition existing prior to the introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have a material adverse long-term or short-term effect on the Property arising out Premises or any portion of or resulting the Building. (C) Tenant agrees to execute affidavits, representations, and the like from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or time to time at Landlord’s request stating Tenant’s use of best knowledge and belief regarding the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal presence of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforon the Premises.

Hazardous Materials. 16.01 Landlord warrants and represents to Tenant Tenant, that, to the best of Landlord’s knowledge and after reasonable inquiry, the Premises and Landlord’s Improvements will be in compliance with all applicable environmental laws, rules, requirements, orders, directives, ordinances and regulations of the United States of America or any state, city or municipal government or lawful authority having jurisdiction or affecting the Premises (collectively “Environmental Laws”) and that none of the insulation materials or any other materials within the Premises are or contain asbestos, or any other known Regulated Material as defined below. Except as set forth in Sections 16.03 and 16.05, Landlord shall, at its expense, take all action necessary to ensure that the Facility complies with all Environmental Laws and that the Facility is, and remains at all times, safe for use and occupancy. 16.02 Except as set forth in Sections 16.03 and 16.05, Landlord shall defend, indemnify and save Tenant, its officers, directors, agents and employees, harmless from and against all claims, obligations, demands, actions, proceedings and judgments, loss, damage, liability and expense (including reasonable attorneys’ fees and expenses) which any one or more of them may sustain in connection with any non-compliance with any environmental condition affecting the Facility resulting from violation of environmental laws which are not caused by or resulting from Tenant’s use and occupancy of the Premises or Facility. This indemnity shall not apply to Landlord’s knowledgeMortgagee, as successors-in-interest to Mortgagee or anyone acquiring the Premises through Landlord’s Mortgagee. 16.03 Tenant shall at Tenant’s own cost and expense, timely comply with all applicable, rules, requirements, orders, directives, ordinances and regulations arising from Tenant’s use and occupancy of the Commencement DatePremises, including but not limited to the Environmental Laws, and shall indemnify, defend, save and hold harmless Landlord, its directors, officers, agents and employees from and against any and all claims, demands, losses and liabilities (including reasonable attorneys’ fees) resulting from any violation of the Environmental Laws when caused by or results from Tenant’s use and occupancy of the Premises. 16.04 The provisions of this Article 16 shall survive the expiration or earlier termination of this Lease. A. The following terms and conditions regarding environmental matters and the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to are included in this Lease: (1) For the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date purpose of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord phrase “Regulated Materials” shall include, but shall not be responsiblelimited to, at its sole cost those materials or substances defined as “hazardous substances”, “hazardous materials”, “hazardous waste”, “toxic substances”, “toxic pollutant” or other similar designations under the Comprehensive Environmental Response, Compensation and expenseLiability Act of 1980, to remove or remediate (or cause as amended, 42 U.S.C. 9601, et seq., the removal or remediation of) any Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801, et seq., or regulations promulgated pursuant thereto (i) found in the Building during the performance of the Landlordherein “Environmental Laws”). “Tenant’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph Regulated Materials” shall mean those Regulated Materials, brought onto, created, stored at, handled, or (ii) introduced to generated at the Premises by Landlord after the Commencement Date and during the Lease Termor on behalf of Tenant, to the extent required by Requirementsits agents, employees, contractors (other than Landlord), subtenants, assignees, suppliers or other invitees. Tenant “Landlord’s Regulated Materials” shall not usemean all other “Regulated Materials” including those brought onto, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, keptcreated, stored and disposed of with due care and in conformity with all applicable Requirements. If at, handled or generated at the transportationPremises by Landlord, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, inviteessubtenants, guests or others acting byassignees, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment suppliers or other compliance with applicable Requirements for and with respect to invitees. Also the foregoing. The terms phrase “Governmental Agency or Agencies” means any federal, state, local or foreign government, political subdivision, court, agency or other entity, body, organization or group exercising any executive, legislative, judicial, quasi-judicial, regulatory or administrative function of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforgovernment.

Hazardous Materials. Landlord represents to Tenant that to Landlord’s knowledge, as of (a) During the Commencement Date, the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date Term of this Lease, there are no CFC-based refrigerants Tenant shall comply with all Environmental Laws and Environmental Permits (each as defined in Section 23(i) below) applicable to the operation or use of the Premises, will cause all other persons occupying or using the Premises to comply with all such Environmental Laws and Environmental Permits, will immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance, and will obtain and renew all Environmental Permits required for operation or use of the Premises. (b) Tenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of Hazardous Materials (as defined in Section 23(i) hereof) on the Premises, or the Project, or transport or permit the transportation of Hazardous Materials to or from the Premises or the Project except (i) for limited quantities used or stored at the Premises and required in connection with the routine operation and maintenance of the Premises such as office products and cleaning supplies, and then only in compliance with all applicable Environmental Laws, and (ii) as disclosed by ▇▇▇▇▇▇ in the Building’s base building HVAC systemEnvironmental Questionnaire attached as Exhibit I. (c) At any time and from time to time during the term of this Lease, Landlord may perform an environmental site assessment report concerning the Premises, prepared by an environmental consulting firm chosen by Landlord, indicating the presence or absence of Hazardous Materials caused or permitted by Tenant and the potential cost of any compliance, removal or remedial action in connection with any such Hazardous Materials on the Premises. Tenant shall grant and hereby grants to Landlord and its agents access to the Premises and specifically grants Landlord an irrevocable non-exclusive license to undertake such an assessment. If such assessment report indicates the presence of Hazardous Materials caused or permitted by Tenant in violation of the terms of the Lease, then such report shall be responsible, at its Tenant’s sole cost and expense, and the cost of such assessment shall be immediately due and payable by Tenant to remove Landlord within thirty (30) days of receipt of an invoice therefor. (d) Tenant will promptly advise Landlord in writing of any of the following: (1) any pending or remediate threatened Environmental Claim (as defined in Section 23(i) below) against Tenant relating to the Premises or the Project; (2) any condition or occurrence on the Premises or the Project that (a) results in noncompliance by Tenant with any applicable Environmental Law, or (b) could reasonably be anticipated to form the basis of an Environmental Claim against Tenant or Landlord or the Premises; (3) any condition or occurrence on the Premises or any property adjoining the Premises that could reasonably be anticipated to cause the Premises to be subject to any restrictions on the ownership, occupancy, use or transferability of the Premises under any Environmental Law; and (4) the actual or anticipated taking of any removal or remediation ofremedial action by Tenant in response to the actual or alleged presence of any Hazardous Material on the Premises or the Project. All such notices shall describe in reasonable detail the nature of the claim, investigation, condition, occurrence or removal or remedial action and ▇▇▇▇▇▇’s response thereto. In addition, Tenant will provide Landlord with copies of all communications regarding the Premises with any governmental agency relating to Environmental Laws, all such communications with any person relating to Environmental Claims, and such detailed reports of any such Environmental Claim as may reasonably be requested by Landlord. (e) Tenant will not change or permit to be changed the present use of the Premises unless Tenant shall have notified Landlord thereof in writing and Landlord shall have determined, in its sole and absolute discretion, that such change will not result in the presence of Hazardous Materials on the Premises except for those described in Section 23(b) above. (f) TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD AND INDEMNITEES (as defined in Section 8.c) FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITS, JUDGMENTS, LIABILITIES, PENALTIES, DAMAGES (INCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES), COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST SUCH LANDLORD AND INDEMNITEES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OR RESULTING FROM (A) THE ACTUAL OR REASONABLY ALLEGED PRESENCE OF HAZARDOUS MATERIALS ON THE PROJECT WHICH IS CAUSED OR PERMITTED BY TENANT OR A TENANT PARTY AND (B) ANY ENVIRONMENTAL CLAIM RELATING IN ANY WAY TO TENANT’S OPERATION OR USE OF THE PREMISES (THE “TENANT HAZARDOUS MATERIALS INDEMNIFIED MATTERS”). THE FOREGOING INDEMNITY SHALL NOT INCLUDE ANY HAZARDOUS MATERIALS THAT WERE LOCATED AT THE PREMISES OR THE PROJECT ON THE DELIVERY DATE, NOR ANY HAZARDOUS MATERIALS PLACED ON THE PREMISES OR PROJECT BY LANDLORD, ITS EMPLOYEES, AGENTS, OR CONTRACTORS. THE PROVISIONS OF THIS SECTION 23 SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS LEASE. ▇▇▇▇▇▇▇▇ AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE TENANT FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITS, JUDGMENTS, LIABILITIES, PENALTIES, DAMAGES (INCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES), COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND CONSULTANTS’ FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST SUCH LANDLORD AND INDEMNITEES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OR RESULTING FROM THE ACTUAL OR REASONABLY ALLEGED PRESENCE OF HAZARDOUS MATERIALS ON THE PROJECT WHICH IS CAUSED OR PERMITTED BY LANDLORD OR LANDLORD’S EMPLOYEES, REPRESENTATIVES, AGENTS OR CONTRACTORS. (g) To the extent that the undertaking in the preceding paragraphs may be unenforceable because it is violative of any law or public policy, Tenant will contribute the maximum portion that it is permitted to pay and satisfy under applicable Law to the payment and satisfaction of all Tenant Hazardous Materials Indemnified Matters incurred by Landlord and Indemnitees. (h) All sums paid and costs incurred by Landlord with respect to any Hazardous Materials (i) found in Indemnified Matter shall bear interest at the Building during Default Rate from the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph date so paid or (ii) introduced to the Premises incurred until reimbursed by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises▇▇▇▇▇▇, and all containers therefor, such sums and costs shall be used, kept, stored immediately due and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere payable on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefordemand.

Hazardous Materials. (i) Landlord represents to Tenant that to the best of Landlord’s knowledge, as knowledge there will be no Hazardous Materials in violation of applicable Requirements (i) in the 9th and 10th Floor Premises or the Building on the Commencement Date, (ii) in Tenant’s Roof Deck Area on the delivery thereof with the Secondary Base Building Roof Work and Tenant’s Roof Deck Work Substantially Complete), or (iii) in the Expansion Premises on the Expansion Premises Commencement Date. (ii) Notwithstanding anything to the contrary contained herein, if in connection with any future approved Alterations, Requirements mandate that Hazardous Materials (defined as same on the date hereof) be abated, removed, encapsulated or remediated from within the Premises or Tenant’s Roof Deck Area and not core areas or areas around columns that are not typically accessible by tenants in connection with Alterations, Landlord shall, at its sole (but reasonable) cost and expense, perform such work as it deems necessary and as required by any Governmental Authority after notice (a “HazMat Work Notice”) from Tenant thereof to comply with Requirements (“Landlord’s HazMat Work”). Tenant shall use commercially reasonable efforts to minimize the extent of such abatement. In the event Landlord is required to perform Landlord’s HazMat Work as aforesaid, Landlord shall diligently perform the same (using overtime work) at a time to be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS mutually agreed upon by Landlord and Hazardous Materials introduced Tenant. Tenant will afford Landlord and its employees, contractors and agents access to the Premises by Tenant or any Tenant Party. In furtherance of, at all reasonable times for the performance of Landlord’s HazMat Work and not for the storage of materials reasonably required in limitation of, the foregoing, Landlord discloses to Tenantconnection therewith, and Tenant acknowledges will avoid any unreasonable interference by any Tenant Party with the performance of such disclosurework. Upon Landlord’s request, that all Tenant Parties shall vacate the interior Premises during the performance of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the BuildingLandlord’s base building HVAC system. HazMat Work (and Landlord shall not be responsibleobligated to perform Landlord’s HazMat Work if any Tenant Party fails to do so) and Tenant shall, at its Landlord’s sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found relocate Tenant’s Property in the Building Premises during the performance of the Landlord’s HazMat Work so as not to unreasonably interfere with the performance of Landlord’s HazMat Work and to protect same against damage or loss during the performance of Landlord’s HazMat Work (except and Landlord shall not be obligated to perform Landlord’s HazMat Work if any Tenant Party fails to do so). Except as otherwise specifically set forth herein, there shall be no Rent abatement or allowance to Tenant or a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the extent part of Landlord, by reason of inconvenience, delay, annoyance or injury to business or to Tenant’s installations (or the responsibility performance of Tenant as provided belowAlterations) solely to the extent such Hazardous Materials are existing or Tenant’s Property in the Premises in violation arising from the performance of Landlord’s representation HazMat Work or the storage of any materials in connection therewith. (iii) In furtherance of Landlord’s obligations set forth in the first sentence of this paragraph or (iiSection 5.1(d)(ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and above with respect to the foregoing. The terms Premises, if Tenant is prevented from conducting its business in the entire Premises or performing approved work and/or obtaining a required permit therefor (and Tenant shall not actually conduct business in the Premises or does not actually perform such work, as applicable) as a result of this Section 5.7 shall apply to any transportationrequired Landlord’s HazMat Work, handlingno Event of Default then exists, storage, use or disposal of the Hazardous Materials irrespective required to be removed were not introduced by Tenant (or anyone acting by or through Tenant), and Landlord shall fail to substantially complete such HazMat Work within three (3) Business Days after receipt of whether the HazMat Work Notice (subject to Unavoidable Delay and/or Tenant has obtained Delay) and notice that Tenant is unable to conduct business in the entire Premises or perform (or to obtain required permit(s) for) approved work as the result of such (the “HazMat Work Abatement Date”), then, as Tenant’s sole and exclusive remedy therefor, Tenant shall receive a credit against Fixed Rent in the amount equal to one (1) day of then Fixed Rent for the Premises per day for each day after the Landlord’s consent HazMat Work Abatement Date that Tenant is not occupying the Premises for the conduct of business until the Landlord’s HazMat Work is Substantially Complete or Tenant occupies the Premises for the conduct of business. If, however, Tenant shall continue to conduct business or perform work in the Premises during the period when such Landlord’s HazMat Work is required, then Tenant shall not receive any credit against Fixed Rent attributable thereto. (iv) Notwithstanding anything to the contrary contained herein, if Tenant shall only be prevented from conducting business or performing Alterations, as applicable, in a portion of the Premises (as opposed to the entire Premises) as a result of required Landlord’s HazMat Work, then if Landlord shall not substantially complete such Landlord’s HazMat Work on or prior to the HazMat Work Abatement Date, Tenant shall be entitled to receive, as Tenant’s sole and exclusive remedy therefor, the credit against Fixed Rent to which Tenant would be entitled pursuant to Section 5.1(d)(iii) above, provided that the same shall be prorated by multiplying the aggregate amount thereof by a fraction, the numerator of which shall be the rentable square footage (“RSF”) of the portion of the Premises then leased by Tenant and affected by the applicable violation and the denominator of which shall be the total RSF of the Premises then leased by Tenant. If, however, Tenant shall continue to conduct business or perform Tenant’s Work in the applicable portion of the Premises during the period when such Landlord’s HazMat Work is required, then Tenant shall not receive any credit against Fixed Rent attributable thereto.

Hazardous Materials. Except for the incidental use of certain commonly used products for routine cleaning and maintenance of floors, bathrooms, windows, kitchens, and administrative offices on the Premises or Project, which products have been disclosed by Tenant to Landlord represents in the Environmental Questionnaire (as defined below), Tenant hereby represents, warrants and covenants that Tenant will not produce, use, store or generate any "Hazardous Materials" (as defined below) on, under or about the Premises and/or Project. Tenant has fully and accurately completed Landlord's Pre-Leasing Environmental Exposure Questionnaire ("Environmental Questionnaire") attached hereto as Exhibit D incorporated herein by reference. If Tenant's Environmental Questionnaire indicates that Tenant will be utilizing Hazardous Materials, in addition to all other rights and remedies Landlord may have under this Lease, including, without limitation, declaring a default hereunder by Tenant for breach of representation, Landlord may require Tenant to execute an amendment to this Lease relating to such Hazardous Materials use and Tenant's failure to execute any such amendment within ten (10) days of Landlord's delivery thereof to Tenant that shall constitute a default hereunder by Tenant. Tenant shall not cause or permit any Hazardous Material to Landlord’s knowledgebe brought upon, as of the Commencement Dateplaced, stored, manufactured, generated, blended, handled, recycled, disposed of, used or released on, in, under or about the Premises and/or Project by Tenant or Tenant's Parties. Tenant shall not excavate, disturb or conduct any testing of any soils on or about the Project without obtaining Landlord's prior written consent, and any investigation or remediation on or about the Project shall be free conducted only by a consultant approved in writing by Landlord and pursuant to a work letter approved in writing by Landlord. Tenant shall keep, operate and maintain the Premises in full compliance with all federal, state and local environmental, health and/or safety laws, ordinances, rules, regulations, codes, orders, directives, guidelines, permits or permit conditions currently existing and as amended, enacted, issued or adopted in the future which are applicable to the Premises (collectively, "Environmental Laws"). Landlord shall have the right (but not the obligation) to enter upon the Premises and cure any non-compliance by Tenant with the terms of this Paragraph 3.2 or any Environmental Laws or any release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and on, under, from, or about the Premises or Project, regardless of the quantity of any such release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials introduced on or about the Premises or Project, the full cost of which shall be deemed to be Rent and shall be due and payable by Tenant to Landlord immediately upon demand. If Landlord elects to enter upon the Premises and cure any such non-compliance or release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on, under, from, or about the Premises or Project, Tenant shall not be entitled to participate in Landlord's activities on the Premises. If any information provided to Landlord by Tenant in the Environmental Questionnaire, or otherwise relating to information concerning Hazardous Materials is false, incomplete, or misleading in any material respect, the same shall be deemed an Event of Default by Tenant under this Lease. Without limiting in any way Tenant's obligations under any other provision of this Lease, Tenant and its successors and assigns shall indemnify, protect, defend and hold Landlord, its partners, officers, directors, shareholders, employees, agents, lenders, contractors and each of their respective successors and assigns (collectively, the "Indemnified Parties") harmless from any and all claims, judgments, damages, penalties, enforcement actions, taxes, fines, remedial actions, liabilities, losses, costs and expenses (including, without limitation, actual attorneys' fees, litigation, arbitration and administrative proceeding costs, expert and consultant fees and laboratory costs) including, without limitation, damages arising out of the diminution in the value of the Premises or Project or any portion thereof, damages for the loss of the Premises or Project, damages arising from any adverse impact on the marketing of space in the Premises or Project, and sums paid in settlement of claims, which arise during or after the Term in whole or in part as a result of the presence of any Hazardous Materials, in, on, under, from or about the Premises or the Project and/or other adjacent properties resulting directly from Tenant's or Tenant's Parties' activities, or failures to act (including, without limitation, Tenant's failure to report any spill or release to the appropriate regulatory agencies), on or about the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materialsProject. Landlord further represents to Tenant and warrants that, to Landlord's actual knowledge as of the date of this Lease, there the Premises and the Project are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any free of all Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Environmental Laws. Landlord after the Commencement Date and during the Lease Termits successors and assigns shall indemnify, to the extent required by Requirements. Tenant shall not usedefend, handlereimburse and hold Tenant, transportits partners, storeofficers, or dispose of any oildirectors, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agentsshareholders, employees, contractorsagents, inviteeslenders, guests or others acting bycontractors and each of their respective successors and assigns (collectively, through or under Tenant"Landlord's Indemnified Parties"), or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from any and against any all claims, suitsjudgments, causes of actiondamages, penalties, enforcement actions, taxes, fines, remedial actions, liabilities, losses, costs and fees, expenses (including, without limitation, reasonable actual attorneys’ ' fees, arising litigation, arbitration and administrative proceeding costs, expert and consultant fees and laboratory costs), including the cost of remediation, which exist as a result of Hazardous Materials on the Premises or the Project resulting directly from Landlord's actions, during or connected with any such contaminationafter the Term, claim except to the extent brought onto the Premises or Project by Tenant. Landlord's obligations shall include, but not be limited to, the cost of contaminationinvestigation, loss or damage. The provisions of this Section 5.7 removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No consent or approval of Tenant may terminate this Lease by notifying Landlord shall in any way be construed as imposing upon writing to such effect within the hereafter defined Remediation Period if Landlord any liability for fails in the means, methods, or manner foregoing sentence's requirement of removal, containment or other compliance with applicable Requirements for and with respect to remediation, restoration and/or abatement within one hundred eighty (180) days after Tenant's notifying Landlord in writing ("Remediation Period") of the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal existence of Hazardous Materials irrespective on the Premises pursuant to this subparagraph (subject to any delays caused by Tenant or any force majeure delays), which condition significantly limits Tenant's use of whether Tenant has obtained Landlord’s consent thereforthe Premises. None of the costs or expenses incurred by Landlord in the performance of its obligations under this Paragraph shall be included in Operating Expenses. For purposes of this Lease, the term "Hazardous Material" means any chemical, substance, material, controlled substance, object, waste or any combination thereof, which is or may be hazardous to human health, safety or to the environment due to its radioactivity, ignitability, corrosiveness, reactivity, explosiveness, toxicity, carcinogenicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, petroleum and petroleum products, benzene, toluene, ethyl benzene, xylenes, waste oil, asbestos, radon, polychlorinated biphenyls (PCBs), degreasers, solvents, and any and all of those chemicals, substances, materials, controlled substances, objects, wastes or combinations thereof which are now or may become in the future listed, defined or regulated in any manner as "hazardous substances," "hazardous wastes," "toxic substances," "solid wastes" or bearing similar or analogous definitions pursuant to any and all Environmental Laws.

Hazardous Materials. 22.1 Landlord represents has furnished or made available to Tenant that to Landlord’s knowledge, as copies of any and all reports Landlord has in its possession or has obtained in connection with the Commencement Date, the Premises shall be free presence of Hazardous Materials that would violate Requirements except on the Premises, including the Army Transfer MOA.‌‌ 22.2 Except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant specifically permitted under Sections 22.8, 22.9, or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date 22.10 of this Lease, there Tenant shall not, and Tenant shall ensure that Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant during the Term shall not bring, generate or otherwise use, handle, treat, store, sell, dispose of, discharge or release any Hazardous Material upon, about, beneath or from the Premises, except for limited quantities of standard office, personal care, and janitorial supplies containing chemicals categorized as Hazardous Materials brought, generated or otherwise used, handled, treated, stored, sold, disposed of, discharged and released in compliance with Applicable Laws and Requirements. All Hazardous Materials-related activities undertaken by Tenant, Affiliates, Agents, employees, guests, invitees, visitors, Occupants and other persons or entities under the control of Tenant during the Term shall comply with all Applicable Laws and Requirements. Tenant shall not, and Tenant shall ensure that Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant during the Term shall not, permit Hazardous Materials to be commingled with the Hazardous Materials of Landlord or the Army or Hazardous Materials which are no CFCArmy Retained Conditions, if any. Tenant agrees to be responsible for timely acquisition of any permit(s) required for its Hazardous Materials-based refrigerants related activities, if any, and shall provide to Landlord, upon request, inventories of all such Hazardous Materials and any supporting documentation, including but not limited to material safety data sheets, uniform waste manifest forms, and/or any other pertinent permits. (a) If either Party becomes aware of, or reasonably suspects, or receives notice or other communication concerning (i) any actual, alleged or threatened violation of any Applicable Laws and Requirements (A) by Tenant, Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant during the Term and in connection with, or affecting, the BuildingPremises, or (B) from past or present activities of any person in connection with the Premises, or (ii) any liability of Tenant, Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant during the Term for Environmental Damages in connection with, or affecting, the Premises, then such Party shall deliver to the other Party, immediately upon receipt of such notice or communication by ▇▇▇▇▇▇, a written description of such alleged violation or liability together with copies of any documents evidencing same. Receipt of such notice shall not be deemed to create any obligation on the part of Landlord to defend or otherwise respond to any such notification. (b) Pursuant to the Army Transfer MOA, the Army has retained the authority, responsibility and liability for Response Actions required with respect to the Army Retained Conditions and shall have the right to enter upon the Premises for the purposes of undertaking such Response Actions. If Hazardous Materials are encountered by Tenant, Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant, Tenant shall immediately halt work and notify Landlord so that Landlord may evaluate the situation and, with respect to Army Retained Conditions, Landlord shall notify the Army and take such other actions as Landlord may be obligated to take pursuant to the Army Transfer MOA and/or Applicable Laws and Requirements. Tenant shall cooperate with the Landlord and the Army with respect to the Army’s base building HVAC systemaccess rights and Response Actions. Landlord shall promptly notify Tenant of any notice it receives from the Army with respect to Army Retained Conditions and Army access and Response Actions. (c) Each Party shall immediately advise the other in writing if at any time (i) it receives written notice of any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against that Party or the Premises pursuant to any Applicable Laws and Requirements relating to any Hazardous Materials or Preexisting Hazardous Materials (“Hazardous Materials Law”); (ii) it receives any claim made or threatened by any third party against that Party or the Premises relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials or Preexisting Hazardous Materials (the matters set forth in clauses (i) and (ii) above are referred to as “Hazardous Materials Claims”); (iii) it discovers or becomes aware of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that is subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Hazardous Materials Law; or (iv) it discovers the presence of Preexisting Hazardous Materials on, under, or adjacent to the Premises or Fort ▇▇▇▇▇ if, as to the latter (with respect to Landlord’s notification to Tenant), it could affect the Premises. (d) Landlord shall have the right 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 attorneys’ fees in connection with the proceedings or actions paid by ▇▇▇▇▇▇. (e) If during the Term, Tenant or its Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant, encounter evidence of Preexisting Hazardous Materials on the Premises, Tenant shall immediately notify Landlord and shall take all precautions and actions necessary to insure that any suspected Preexisting Hazardous Materials are not disturbed or exacerbated prior to clean up and remediation. Such notice shall describe, to the extent known by Tenant, the location and nature of the Preexisting Hazardous Materials discovered or believed likely to be responsiblepresent. 22.4 Except for Response Actions related to Preexisting Hazardous Materials, including Response Actions undertaken by the Army with respect to Army Retained Conditions, Tenant shall, at its sole cost and expense, promptly take all Response Actions required under Applicable Laws and Requirements by any Agency to remove remedy damage to the Premises or remediate (neighboring property that arises directly or cause indirectly from or in connection with the removal presence, or remediation of) release of any Hazardous Materials introduced in, under, about or into the air, buildings, paved surfaces, sanitary sewers, stormwater drainage systems, surface water, groundwater, or land by Tenant or Tenant’s Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant during the Term. Such Response Actions by Tenant may include but are not limited to Response Actions of the environmental condition of the areas adversely affected (i“Affected Property”) found by ▇▇▇▇▇▇’s breach of any of the provisions of this Lease, whether on or off of the Affected Property. Except for Response Actions related to Preexisting Hazardous Materials, including Response Actions taken by the Army with respect to Retained Army Conditions, Tenant shall take all Response Actions required under this Lease and under Applicable Laws and Requirements and shall restore the Affected Property to a condition substantially equal to that existing prior to the introduction of the Hazardous Materials upon, about, in, into, or beneath the Affected Property, in accordance with the standard of Response imposed by Applicable Laws and Requirements. (To the extent of such impacted conditions, those portions of any Affected Property that cannot be restored to substantially the preexisting condition shall be restored in accordance with the standards or requirements imposed by Applicable Laws and Requirements to the degree deemed necessary or appropriate by the Agency with jurisdiction to enforce Applicable Laws and Requirements.) Tenant shall proceed continuously and diligently with such Response Actions and these Response Actions shall be performed in accordance with Applicable Laws and Requirements in a good, safe and workmanlike manner by one or more licensed and reputable contractors experienced in the Building conduct of Response Actions in areas containing significant natural and cultural resources or comparable experience. Such contractor shall not be an Excluded Contractor. Tenant shall pay all Response Costs in connection with such Response Actions chargeable to Tenant, including but not limited to the charges of such contractor(s), all power and utility costs, any and all taxes or fees that may be applicable to such activities, and all reasonable costs incurred by Landlord in connection with the monitoring or reviewing of such Response Actions. Tenant shall promptly provide to Landlord copies of all unprivileged testing results and reports generated in connection with the aforementioned activities unless Landlord shall be made a party to such Response Actions, in which case Tenant shall provide Landlord with any and all such testing results and reports. Promptly upon completion of such Response Action(s), Tenant shall remove all associated Personal Property, debris, materials and the like, to the reasonable satisfaction of Landlord. 22.5 Landlord, at ▇▇▇▇▇▇▇▇’s sole cost and expense, shall have the right, but not the obligation, at all reasonable times and, except in the case of emergency, following advance notice to Tenant, to enter upon the Premises, as may be necessary as determined by Landlord in its reasonable discretion (and for areas closed to the public, upon reasonable prior written notice under the circumstances, given by the Superintendent of GGNRA or his or her designee, reciting the reasons for the entry at least thirty (30) days in advance where feasible (except in case of emergency)), to conduct inspections and non-invasive tests of the Premises to determine whether Tenant is complying with all Applicable Laws and Requirements. In connection with such inspections, Landlord will use reasonable efforts to minimize disturbance or disruption of Tenant. Landlord shall have the right, but not the obligation, to retain independent professional consultants to enter the Premises to conduct such inspections and to review any report prepared by or for Tenant concerning such compliance. Upon ▇▇▇▇▇▇’s written request, Landlord will make available to Tenant copies of all final reports and written data obtained by Landlord from such tests and investigations. Tenant expressly recognizes that it shall have no claim against Landlord for injury, loss, or other costs occasioned by any inconvenience to or interference with Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant use of the Premises during the performance Term as a result of Landlord’s exercise of the Landlord’s Work (rights reserved to it under this Section 22.5, except to the extent the responsibility of Tenant as provided below) solely such claims are covered by federal law.‌‌ 22.6 In addition to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation all other indemnity requirements set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the PremisesLease, and all containers thereforexcept as provided in Section 22.7 below, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant ▇▇▇▇▇▇ expressly agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, reimburse, defend save and hold harmless Landlord harmless and ▇▇▇▇▇▇▇▇’s Agents for and from any and against any claimsall Environmental Damages as set forth in, suitsand accordance with, causes of actionSections 25.2, costs 25.4, and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions 25.5 of this Section 5.7 Lease. This obligation to indemnify shall survive the expiration or termination of this Lease. No consent or approval of Landlord Notwithstanding the foregoing, this obligation to indemnify shall in any way be construed as imposing upon Landlord any liability for the meansnot apply, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to loss, damage, costs, expense, or liability arising out of or attributable to Preexisting Hazardous Materials except to the foregoingextent that: (i) the negligence or willful misconduct of Tenant’s or its agents’ and/or other persons or entities under the control of Tenant, causes an exacerbation or migration of such Preexisting Hazardous Materials, or (ii) Tenant or its agents’ and/or other persons or entities under the control of Tenant, cause additional damage to the environment beyond such Preexisting Hazardous Materials. 22.7 This Lease does not create a separate obligation on the part of Tenant and in favor of Landlord to Respond to Preexisting Hazardous Materials or in favor of the Army to undertake a Response Action for Army Retained Conditions nor does it limit or expand the rights or defenses of Landlord, the Army or the Tenant with respect to such Preexisting Hazardous Materials (including Army Retained Conditions), as applicable. The terms Consequently, the provisions of this Sections 22.4 and 22.6 above and Section 5.7 22.8 below shall not apply to Preexisting Hazardous Materials except to the extent that: (a) the negligence or willful misconduct of Tenant’s Agents, Affiliates, employees, guests, visitors, invitees, Occupants and/or other persons or entities under the control of Tenant during the Term causes an exacerbation or migration of such Preexisting Hazardous Materials, or (b) Tenant’s Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant during the Term cause additional damage to the environment beyond such Preexisting Hazardous Materials due to a violation of any transportationApplicable Laws and Requirements regarding such Preexisting Hazardous Materials, handlingand (c) except as specifically stated in Sections 22.8 and 22.9 below. This Section does not relieve Tenant of any obligation it might have with regard to third parties or any Agency by operation of Applicable Laws and Requirements, storageincluding but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act. 22.8 Tenant shall be designated as the generator and shall arrange for the removal of any Hazardous Materials Tenant disturbs in connection with its use and operations of the Premises, in compliance with Applicable Laws and Requirements, except to the extent Landlord undertakes such designation and/or arrangement with respect to Preexisting Hazardous Materials or the Army undertakes such designation and/or arrangement with respect to Army Retained Conditions. Tenant shall arrange for such removal and disposal of such soil with appropriate licensed contractors, at Tenant’s sole cost and expense.‌‌‌‌‌‌ 22.9 Tenant understands and acknowledges that the Premises may contain asbestos, asbestos-containing materials, lead-based paint, and pesticides. Therefore, Tenant hereby agrees that, during the Term, any necessary costs of Response Action with respect to asbestos, asbestos- containing materials, lead-based paint, or pesticides in the Premises or in areas adjacent to the Premises for which access is necessary by Tenant in order to complete the Initial Improvements and/or operate or maintain the Premises shall be the responsibility of Tenant and Landlord shall not be responsible for Response Costs associated therewith. Whenever Tenant constructs the Initial Improvements or Alterations, or performs Maintenance and/or installation on the Premises, Tenant shall comply with all Applicable Laws and Requirements, including without limitation, Applicable Laws and Requirements related to Response to asbestos, asbestos- containing materials, lead-based paint, and pesticides. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove asbestos, asbestos-containing materials, lead-based paint, or pesticides unless required to do so pursuant to Applicable Laws and Requirements or if an Agency having jurisdiction over the matter requires such removal. 22.10 Tenant shall implement the Lead-Based Paint, Asbestos and Hazardous Materials irrespective Remediation Plan during any construction activities and for ongoing Maintenance of whether the Premises. Tenant has obtained Landlord’s consent thereforshall update the Lead-Based Paint, Asbestos and Hazardous Materials Remediation Plan annually as part of the Preservation Plan. 22.11 Should Tenant fail to perform or observe any of its obligations or agreements pertaining to Hazardous Mate

Hazardous Materials. Landlord represents The term “Hazardous Materials” means any substance, material, or waste that is now or hereafter classified or considered to Tenant that be hazardous, toxic, or dangerous under any Law relating to Landlord’s knowledgepollution or the protection or regulation of human health, as natural resources or the environment, or poses or threatens to pose a hazard to the health or safety of the Commencement Date, persons on the Premises shall be free of Hazardous Materials that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the Premises by Tenant or any Tenant Party. In furtherance of, and not in limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Building contains asbestos-containing materials. Landlord further represents to Tenant that, as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by RequirementsProject. Tenant shall not use, handle, transportgenerate, store, or dispose of any oilof, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about permit the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handlinggeneration, storage or disposal of Hazardous Materials on or about the Premises or the Project except in a manner and quantity necessary for the Premisesordinary performance of Tenant’s business, the Buildingand then in compliance with all Laws. If Tenant breaches its obligations under this Section 24(u), the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Landlord may upon five (5) days prior notice to Tenant, or Tenant’s use of the Premises, results such shorter time required by Law or in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm order to person(s) minimize any hazard to person or property, then Tenant agrees (i) take any and all action reasonably appropriate to notify Landlord immediately remedy the same, including taking all appropriate action to clean-up or remediate any contamination resulting from Tenant’s use, generation, storage or disposal of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standardsHazardous Materials, and Tenant shall reimburse to Landlord an amount equal to Landlord’s costs plus five percent (iii5%) to for overhead which shall be payable within thirty (30) days after Tenant’s receipt of an invoice therefor, together with supporting evidence. Notwithstanding Landlord’s indemnity contained in Section 11(e) above, Tenant shall defend, indemnify, defend and hold harmless Landlord harmless and its representatives and agents from and against any claims, suits, causes of action, costs and fees, including, without limitation, all Claims (including reasonable attorneys’ fees, cost of clean-up investigation and remediation and diminution in the value of the Premises or other portion of the Project) arising from or connected Tenant’s failure to comply with any such contamination, claim of contamination, loss or damage. The the provisions of this Section 5.7 24(u). To the extent that Landlord is held strictly liable by a court or governmental agency of competent jurisdiction, Tenant’s obligation to Landlord under the foregoing indemnification shall likewise be without regard to fault on Tenant’s part. This indemnity provision shall survive the expiration or termination end of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent thereforTerm.