Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.

Hazardous Materials. (a) Tenant shall not cause or permit any Hazardous Material (as defined below) Materials to be brought upon, kept, kept or used in or about the Premises, the Building or Project the Property in violation of applicable Laws by TenantsTenant or any of its employees, its agents, employeescontractors or invitees (collectively with Tenant, contractors, or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as each a “Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and BuildingParty”). If (i) Tenant breaches the obligations stated in the preceding sentencesuch obligation, or if (ii) the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant Materials as a result of such a breach results in contamination of the PremisesProperty, the Building or the Projectany portion thereof, or if any adjacent property, (iii) contamination of the Premises, the Building or the Project, by Hazardous Material Premises otherwise occurs for which during the Term or any extension or renewal hereof or holding over hereunder, or (iv) contamination of the Property occurs as a result of Hazardous Materials that are placed on or under or are released into the Property by a Tenant is legally liable to Landlord for damage resulting therefromParty, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, judgmentsliabilities, losses, costs, expenses, actions, causes of action, damages, penaltiessuits or judgments, finesand all reasonable expenses (including reasonable attorneys’ fees, costscharges and disbursements, liabilitiesregardless of whether the applicable demand, claim, action, cause of action or losses suit is voluntarily withdrawn or dismissed) (other than consequential damages“Claims”) which of any kind or nature, including (w) diminution in value of the Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property, (y) damages arising from any adverse impact on marketing of space in the Property or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Lease Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for includes costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision authority because of Hazardous Material Materials present inin the air, soil or groundwater above, on, under or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the ProjectProperty. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on on, under or about the PremisesProperty, Building any portion thereof or Project any adjacent property caused or permitted by any Tenant Party results in any contamination of the PremisesProperty, the Building any portion thereof or the Projectany adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProperty, the Building any portion thereof or the Project any adjacent property to the its respective condition existing prior to the introduction time of any such Hazardous Material theretocontamination; provided that Landlord's ’s written approval of such actions action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be unreasonably withheld so long as reasonable for Landlord to withhold its consent if such actions would not potentially could have any a material adverse long-term or short-term effect on the PremisesProperty, Building any portion thereof or Project any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or exposes limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. (b) Landlord acknowledges that it is not the intent of this Article to any liability therefor prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and such actions are undertaken properly monitored in accordance with applicable Laws and Environmental Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (i) a list identifying each type of Hazardous Material to be present at the Premises that is subject to regulation under any Environmental Laws, (ii) a list of any and all approvals or permits from governmental authorities required in connection with the presence of such Hazardous Material at the Premises and (iii) correct and complete copies of (x) notices of violations of applicable lawsLaws related to Hazardous Materials and (y) plans relating to the installation of any storage tanks to be installed in, rules on, under or about the Property (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and regulations absolute discretion) and accepted industry practicesclosure plans or any other documents required by any and all governmental authorities for any storage tanks installed in, on, under or about the Property for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless there are any changes to the Hazardous Materials Documents or Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Landlord may, at T▇▇▇▇▇’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. (c) At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right to conduct appropriate tests of the Property or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Property in violation of this Lease. (d) If underground or other storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the applicable Laws. Tenant shall have no responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in which case Tenant’s responsibility for such tanks shall be as set forth in this Section. (e) Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises. (f) Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials, Tenant shall be deemed a holdover tenant and subject to the provisions of Section 12.1. (g) As of the date of this Lease, Landlord has received no notice that Hazardous Materials are present in the Building in violation of Environmental Laws.

Hazardous Materials. Tenant Lessee shall not cause or permit any Hazardous Material (as defined belowin Section 5.3) to be brought upon, kept, kept or used in or about the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, Leased Premises without the express prior written consent of Landlord Lessor (which Landlord Lessor shall not unreasonably withhold as long as Tenant withhold, provided that Lessee demonstrates to LandlordLessor's reasonable satisfaction that such Hazardous Material is necessary or useful to TenantLessee's business business, and that such Hazardous Material will be used, kept, kept and stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about laws, rates, ordinances and regulations relating to the Premises, Building storage and Project, and such storage will not create an undue risk to other tenants use of the Building and Project, giving consideration to the nature of the Project and BuildingHazardous Material). Lessor's consent shall not be deemed to be a waiver by Lessor of its rights to indemnification by Lessee as stated in Section 5.1. If Tenant Lessee breaches the obligations stated in the preceding sentenceherein, or if the presence of Hazardous Material on the Premises, Building or Project Leased Premises caused or permitted by Tenant Lessee at any time after execution of this Agreement, results in any contamination of the PremisesLeased Premises or any other private or public property, the Building including, without limitation, sewers or the Projectstreets, or if contamination of the Premises, the Building or the Project, Leased Premises by Hazardous Material otherwise occurs for which Tenant Lessee is legally liable to Landlord Lessor or to any third party for damage damages resulting therefromthere from, then Tenant then: 5.1 Lessee shall indemnify, defend and hold Landlord Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilitiesexpenses, or liabilities and losses (other than consequential damagesincluding, without limitation, diminution in value of the Leased Premises, damages for the loss or restriction on use of the Leased Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which that arise during or after the Lease Term term of this Lease, as a result of or in connection with such contamination. This The foregoing indemnification of Landlord Lessor by Tenant Lessee includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required or recommended by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water groundwater on or under the Premises, the Building Leased Premises or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant public facilities. 5.2 Lessee shall promptly take any and all actions actions, at its sole expense cost and expense, as are necessary or appropriate to return the Premises, the Building Leased Premises or the Project other private or public facilities to the condition existing prior to the introduction of any such Hazardous Material theretoto the Leased Premises; provided that LandlordLessor's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as if such actions would not potentially have any material adverse long-term or short-term effect on the PremisesLeased Premises or other private or public facilities. All contractors, Building laboratories and engineering firms (hereinafter "Consultants") chosen by Lessee to undertake any remedial action that may be necessary or Project appropriate on or exposes Landlord about the Leased Premises or other private or public facilities shall be approved by Lessor prior to any liability therefor their employment by Lessee, which approval will not be unreasonably withhold. Consultants shall be licensed and such actions are undertaken bonded in accordance with all applicable laws. Duplicate copies of all reports and findings made by Consultants with regard to the condition of the Leased Premises or other private or public facilities shall be delivered to Lessor concurrently with their delivery to Lessee. Lessee shall have the work done by the Consultants at Lessee's sole risk, rules and regulations the Lessee shall indemnify and accepted industry practiceshold Lessor and Lessor's agents and employees harmless from and against any and all loss, costs, liability, damage and expense relating to or arising from (1) any damage or injuries to Lessee, the Consultants, or the agents or assignees of either the Lessee or the Consultants, (2) for any third-party liability incurred by Lessee or the Consultants, and (3) for any damages or injuries suffered by Lessor, or Lessor's agents or employees by reason of any work done by the Lessee or the Consultants or their agents or employees. 5.3 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste that is or becomes regulated by any local governmental authority, the State of Oregon, or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is designated as a hazardous substance pursuant to the Water Pollution Control Act (33 USC Section 1317); or defined as hazardous waste pursuant to the Resource Conservation and Recovery Act (42 USC Section 6901 et seq.); or defined as a hazardous substance pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 USC Section 9601 et seq.); or defined as a hazardous material pursuant to Article 90 of the Uniform Fire Code, as adopted by the City or County in which the subject property is located and, as amended from time to time.

Hazardous Materials. 20.1 Tenant shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building the Buildings or the Project in violation of Applicable Laws by TenantsTenant or its employees, its agents, employees, contractors, contractors or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentencesuch obligation, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant Materials as a result of such a breach results in contamination of the Premises, the Building or the Project, any portion thereof, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromany adjacent property, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all claimsClaims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which including sums paid in settlement of Claims that arise during or after the Lease Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for includes costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision Governmental Authority because of Hazardous Material Materials present in, on, or about the Premises, Building or Project or in the air, soil or ground water groundwater above, on or under the Premises, the Building or about the Project. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on on, under or about the PremisesProject, Building any portion thereof or Project any adjacent property caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any remediate such Hazardous Material theretocontamination; provided that Landlord's written approval of such actions action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be unreasonably withheld so long as reasonable for Landlord to withhold its consent if such actions would not potentially could have any a material adverse long-term or short-term effect on the PremisesProject, Building any portion thereof or Project any adjacent property. 20.2 Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant's industry so long as the use or exposes Landlord to any liability therefor presence of Hazardous Materials is strictly and such actions are undertaken properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Term Commencement Date a list identifying each type of Hazardous Material to be present at the Project and setting forth any and all applicable lawsgovernmental approvals or permits required in connection with the presence of such Hazardous Material at the Project (the "Hazardous Materials List"). Tenant shall deliver to Landlord an updated Hazardous Materials List before any material new Hazardous Materials are brought to the Project. Tenant shall deliver to Landlord true and correct copies of the following documents (hereinafter referred to as the "Documents") relating to the handling, rules storage, disposal and regulations emission of Hazardous Materials prior to the Term Commencement Date or, if unavailable at that time, concurrently with the receipt from or submission to any Governmental Authority: permits; approvals; reports and accepted industry practicescorrespondence; storage and management plans; notices of violations of Applicable Laws; plans relating to the installation of any storage tanks to be installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion); and all closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks. Tenant shall not be required, however, to provide Landlord with any portion of the Documents containing information of a proprietary nature, which Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. 20.3 At any time, and from time to time, prior to the expiration of the Lease Term, Landlord shall have the right to conduct appropriate tests of the Project or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to Tenant or Tenant's employees, agents, contractors or invitees. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Project in violation of this Lease. 20.4 If underground or other storage tanks storing Hazardous Materials are located on the Premises or are hereafter placed on the Premises by Tenant, Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. 20.5 Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises and Landlord will remediate such mold or water intrusion unless the cause of such issue was the act or omission of Tenant. 20.6 Tenant's obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials, Tenant shall be deemed a holdover tenant and subject to the provisions of Article 26 below. 20.7 As used herein, the term "Hazardous Material(s)" means any hazardous or toxic substance(s), material(s) or waste(s) that is or becomes regulated by any Governmental Authority.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the Premises, the Building or Project by Tenants, its agents, employees, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)in violation of Applicable Laws by a Tenant Party. If (a) Tenant breaches the obligations stated in the preceding sentencesuch obligation, or if (b) the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant Materials as a result of such a breach results in contamination of the Premises, the Building or the Project, any portion thereof, or if any adjacent property, (c) contamination of the Premises, the Building or the Project, by Hazardous Material Premises otherwise occurs for which during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant is legally liable to Landlord for damage resulting therefromParty, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all claimsClaims, judgmentsincluding (w) diminution in value of the Project or any portion thereof, damages(x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, penalties, fines, costs, liabilities, (y) damages arising from any adverse impact on marketing of space in the Project or losses any portion thereof and (other than consequential damagesz) which sums paid in settlement of Claims that arise during or after the Lease Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for includes costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision Governmental Authority because of Hazardous Material Materials present in, on, or about the Premises, Building or Project or in the air, soil or ground water groundwater above, on or under the Premises, the Building or about the Project. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on on, under or about the PremisesProject, Building any portion thereof or Project any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, the Building or the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, the Building any portion thereof or the Project any adjacent property to the its respective condition existing prior to the introduction time of any such Hazardous Material theretocontamination; provided that Landlord's ’s written approval of such actions action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be unreasonably withheld so long as reasonable for Landlord to withhold its consent if such actions would not potentially could have any a material adverse long-term or short-term effect on the PremisesProject, Building any portion thereof or Project any adjacent property. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or exposes Landlord to any liability therefor presence of Hazardous Materials is strictly and such actions are undertaken properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that is subject to regulation under any environmental Applicable Laws, (b) a list of any and all applicable lawsapprovals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be installed in, rules on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and regulations absolute discretion) and accepted industry practicesclosure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents (l) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Project, (m) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31 of each year, and (n) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant’s business that involve any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. 21.3. Notwithstanding the provisions of Sections 21.1 21.2 or 21.9, if (a) Tenant or any proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any such matter involving Tenant), and it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right to conduct appropriate tests of the Project or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Project in violation of this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have no responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises of which Tenant becomes aware. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials, Tenant shall be deemed a holdover tenant and subject to the provisions of Article 27 below. 21.8. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by TenantsTenant or any subtenant, licensee or assignee of Tenant or any of its or their employees, agents, employeescontractors or invitees (collectively with Tenant, contractors, or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as each a “Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and BuildingParty”). If (a) Tenant breaches the obligations stated in the preceding sentencesuch obligation, or if (b) the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant Materials as a result of such a breach results in contamination of the Premises, the Building or the Project, any portion thereof, or if any adjacent property, (c) contamination of the Premises, the Building or the Project, by Hazardous Material Premises otherwise occurs for which during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is legally liable to Landlord for damage resulting therefromcaused by Landlord) or (d) contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all claimsClaims of any kind or nature, judgmentsincluding (w) diminution in value of the Project or any portion thereof, damages(x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, penalties, fines, costs, liabilities, (y) damages arising from any adverse impact on marketing of space in the Project or losses any portion thereof and (other than consequential damagesz) which sums paid in settlement of Claims that arise during or after the Lease Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for includes costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision Governmental Authority because of Hazardous Material Materials present inin the air, soil or groundwater above, on, under or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on on, under or about the PremisesProject, Building any portion thereof or Project any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, the Building or the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are reasonably necessary to return the PremisesProject, the Building any portion thereof or the Project any adjacent property as nearly as practicable to the its respective condition existing prior to the introduction time of any such Hazardous Material theretocontamination; provided that Landlord's ’s written approval of such actions action shall first be obtained, which approval Landlord shall not unreasonably withhold, condition or delay; and provided, further, that it shall be unreasonably withheld so long as reasonable for Landlord to withhold its consent if such actions would not potentially could have any a material adverse long-term or short-term effect on the PremisesProject, Building any portion thereof or any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party. If any Hazardous Materials are placed on the Property by Landlord or exposes any Landlord to any liability therefor Party and such actions are undertaken Hazardous Materials present a reasonable threat to the health of persons or property, then Landlord covenants and agrees to remove or remediate, to the extent required under and in accordance with Applicable Law, any such Hazardous Materials. If any Hazardous Materials are placed on the Property by another tenant or occupant or third party and such Hazardous Materials present a reasonable threat to the health of persons or property, notwithstanding anything to the contrary in this Lease, if, for more than five (5) consecutive business days following written notice to Landlord, Tenant is unable to use and occupy the Premises for the Permitted Use as a result of such Hazardous Materials, then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all applicable lawsof the Premises are affected, rules a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and regulations Operating Expenses) shall be abated commencing on the later to occur of (i) the first (1st) business day after such interruption, or (ii) the date on which Tenant ceases its use and accepted occupancy of the Premises (or portion thereof) for the Permitted Use, until the Premises are again usable by Tenant for the Permitted Use. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry practicesso long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord no later than thirty (30) days prior to the initial occupancy of any portion of the Premises, or the initial placement of equipment anywhere at the Project (a) a list identifying each type of Hazardous Material to be present at the Premises that is subject to regulation under any environmental Applicable Laws, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) if there are any changes to the Hazardous Materials Documents, or (n) Tenant initiates any Alterations or changes in its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review of Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3. Notwithstanding the provisions of Sections 21.1 21.2 or 21.9, if (a) any proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question or (b) any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials, then it shall not be unreasonable for Landlord to withhold its consent to any such proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right to conduct appropriate tests of the Project or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Project in violation of this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized exclusively by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have no responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord (if due to Tenant’s failure to comply with the terms hereof) after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials that Tenant’s is responsible to remove or remediate, and Landlord is unable to relet all or any portion of the Premises as a result thereof, then Tenant shall be deemed a holdover tenant and subject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means (a) any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority, and (b) and (i) “chemotherapeutic waste”, “infectious waste” or “medical waste” as may now or hereafter be defined by any future law, statute, order, ordinance or regulation, (ii) “radioactive waste” as may now or hereafter be defined by any future law, statute, order, ordinance or regulation, (iii) human corpses, remains and anatomical parts that are donated and used for scientific or medical education, research or treatment, (iv) body fluids or biological which are being stored at a laboratory prior to laboratory testing, and/or (v) similar laboratory wastes and materials.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the Premises, the Building or Project by Tenants, its agents, employees, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)in violation of Applicable Laws by any Tenant Party. If (a) Tenant breaches the obligations stated in the preceding sentencesuch obligation, or if (b) the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant Materials as a result of such a breach results in contamination of the Premises, the Building or the Project, any portion thereof, or if any adjacent property, (c) contamination of the Premises, the Building or the Project, by Hazardous Material Premises otherwise occurs for which during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant is legally liable to Landlord for damage resulting therefromParty, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all claimsClaims, judgmentsincluding (w) diminution in value of the Project or any portion thereof, damages(x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, penalties, fines, costs, liabilities, (y) damages arising from any adverse impact on marketing of space in the Project or losses any portion thereof and (other than consequential damagesz) which sums paid in settlement of Claims that arise during or after the Lease Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for includes costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision Governmental Authority because of Hazardous Material Materials present in, on, or about the Premises, Building or Project or in the air, soil or ground water groundwater above, on or under the Premises, the Building or about the Project. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on on, under or about the PremisesProject, Building any portion thereof or Project any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, the Building or the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the PremisesProject, the Building any portion thereof or the Project any adjacent property to the its respective condition existing prior to the introduction time of any such Hazardous Material theretocontamination; provided that Landlord's ’s written approval of such actions action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be unreasonably withheld so long as reasonable for Landlord to withhold its consent if such actions would not potentially could have any a material adverse long-term or short-term effect on the PremisesProject, Building any portion thereof or Project any adjacent property. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or exposes Landlord to any liability therefor presence of Hazardous Materials is strictly and such actions are undertaken properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that is subject to regulation under any environmental Applicable Laws, (b) a list of any and all applicable lawsapprovals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be installed in, rules on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and regulations absolute discretion) and accepted industry practicesclosure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents (1) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Project, (m) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31 of each year, and (n) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant’s business that involve any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. 21.3. Notwithstanding the provisions of Sections 21.1 21.2 or 21.9, if (a) Tenant or any proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any such matter involving Tenant), and it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right to conduct appropriate tests of the Project or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Project in violation of this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have no responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials, Tenant shall be deemed a holdover tenant and subject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. Landlord and Tenant shall not cause agree as follows with respect to the existence or permit use of Hazardous Materials in, on or about the Project: A. Except as otherwise permitted pursuant to Section 7.2C below, any handling, transportation, storage, treatment, disposal or use of Hazardous Material (as defined below) to be brought upon, kept, or used Materials by Tenant and ▇▇▇▇▇▇’s Agents after the Effective Date in or about the PremisesProject is strictly prohibited. Tenant shall indemnify, Building defend upon demand with counsel reasonably acceptable to Landlord and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or Project by Tenantsarise in any manner whatsoever out of the use, its agentsstorage, employeestreatment, contractorstransportation, release, or invitees, without the prior written consent disposal of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such any Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in Materials on or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if Tenant’s Agents. B. If the presence of any Hazardous Material Materials in, on or about the Premises, Building or Project caused or permitted by Tenant or Tenant’s Agents results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any contamination of the Premisesgovernmental agency having jurisdiction over such contamination, the Building or the Project, then Tenant shall promptly take any and all actions at action necessary to investigate and remediate such contamination if required by Law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Project or any part thereof. Tenant shall further be solely responsible for, and shall defend indemnify and hold Landlord and its sole expense as are necessary Agents harmless from and against, all claims, costs and liabilities, including, without limitation, attorneys’ fees and costs, arising out of or in connection with any investigation and remediation required of Tenant hereunder to return the Premises, the Building or the Project to the its condition existing prior to the introduction appearance of such Hazardous Materials. C. Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Laws. Tenant may use small quantities of household chemicals such as adhesives, lubricants and cleaning fluids, and office-related materials, such as ink toner, in order to conduct its business at the Premises and such other Hazardous Materials as are reasonably necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Material thereto; provided Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall within five (5) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that Landlord's approval are being used by Tenant in, on or about the Project, the nature of such actions use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Materials by the use of such tests as arc then customarily used for such purposes. If Tenant so requests, Landlord shall first supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be obtainedpaid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Section 7.2A and/or Section 7.2B. E. As used herein, the term “Hazardous Materials” means any hazardous or toxic substance, material or waste which approval shall not be unreasonably withheld so long as such actions would not potentially have is or becomes regulated by any local governmental authority, the State of California or the United States government. The term “Hazardous Materials” includes, without limitation, petroleum products, asbestos, PCB’s, and any material adverse long-or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) deemed as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law(s)” shall mean any statute, law, ordinance, or short-term effect on regulation of any governmental body or agency (including the PremisesU.S. Environmental Protection Agency, Building the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or Project or exposes Landlord to disposal of any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesHazardous Materials.

Hazardous Materials. Tenant shall MERA understands that Lessor has undertaken no investigation of the Lease Space with respect to whether or not cause the Lease Space has been used for the generation, storage, treatment or permit any Hazardous Material disposal of hazardous materials (as defined in “14 A through 14 E” below) to be brought uponand, keptwith this qualification, or used in or about the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction Lessor represents that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner it has no present knowledge that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred Space has been so used in connection with hazardous materials. MERA shall not use, store, or bring onto the Property or Lease Space any investigation hazardous materials except in accordance with all federal, state and local laws and regulations. In the event of site conditions leakage or spillage from any of MERA’s equipment or any cleanupvehicle under the control or custody of MERA or any contractor or agent for MERA, remedialMERA shall at its own expense promptly clean the Lessor’s Property and Lease Space to the reasonable satisfaction of Lessor, removal or restoration work the Environmental Protection Agency and any public body having jurisdiction in the matter. Any expense of required by any compliance with federal, state, or local governmental agency environmental regulations incurred by Lessor or political subdivision because MERA as a direct consequence of Hazardous Material present inMERA’s use of the Property or the Lease Space shall be borne by MERA, onincluding any fines and judgments levied against Lessor. MERA agrees that in the event that MERA uses, stores, or about brings onto the PremisesProperty or Lease Space any hazardous materials and such act(s) result(s) in damage or injury to the Property or Lease Space, Building or Project to Lessor, Lessor’s employees, agents, or contractors, MERA shall, at its own expense, indemnify and hold Lessor or any of Lessor’s employees, agents, or contractors harmless as a result of the damage or injury, including, without limitation to, promptly cleaning Lessor’s Property to the reasonable satisfaction of Lessor, the Environmental Protection Agency and any public body having jurisdiction in the soil matter. Any expense of required compliance with federal, state or ground water on local environmental regulations incurred as the result of the above-mentioned acts by the MERA shall be borne by the MERA, including any fines and judgments levied against either party. Lessor agrees that in the event that Lessor uses, stores, or under brings onto the PremisesProperty or Lease Space, any hazardous materials and such act(s) result(s) in damage or injury to MERA, or any of MERA’s employees, agents, or contractors, Lessor, shall at its own expense, indemnify, defend, and hold MERA, or any of MERA’s employees, agents, or contractors harmless as a result of the damage or injury, including, without limitation to, promptly cleaning MERA’s Lease Space to the reasonable satisfaction of MERA, the Building Environmental Protection Agency and any public body having jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental regulations incurred as the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination result of the Premisesabove-mentioned acts by Lessor shall be borne by Lessor, including any fines and judgments levied against either party. As used in this section, hazardous materials shall mean: A. “Hazardous substances” and “pollutants and contaminants” as defined in CERCLA, 42 USC Sections 9601 (14) and (33) and regulations issued pursuant thereto, or their successors; B. “Extremely hazardous substances, hazardous chemicals” and “toxic chemicals” as defined in the Emergency Planning and Community Right to Know Act, 42 USC Sections 11002 (a), 11021(e), and 11023 (c), and regulations issued pursuant thereto, or their successors; C. “Hazardous chemicals” within the meaning of OSHA’s Hazard Communication Rules, 29 CFR Section 1910.1200, or their successors; D. Any such materials regulated under state or local environmental laws and regulations similar to the foregoing federal authorities listed in A-C above, or their successors; and E. Any materials not covered by, or exempted from, the Building sources listed in paragraphs A- D above or the Projecttheir successors, Tenant shall promptly take all actions at its sole expense as are necessary that may nevertheless pose a threat to return the Premises, the Building human health or the Project welfare or to the condition existing prior to the introduction of environment including, without limitation, petroleum, including crude oil or any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtainedfraction thereof, 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, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesradon.

Hazardous Materials. (i) Tenant shall not cause or permit any Hazardous Material (as defined in Section 24.M(iii) below) to be brought uponbrought, kept, kept or used in or about the Premises, Building or Project by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent . Tenant hereby indemnifies Landlord from and against any breach by Tenant 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable and agrees to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claimsloss, judgmentsdamage, damagescost and/or expenses (including, penaltieswithout limitation, finesdiminution in value of the Building, costsdamages for the loss or restriction on use of rentable or usable space or of any amenity of the Building, liabilitiesdamages arising from any adverse impact on marketing of space in the Building, or losses (other than consequential damagesand fees, and expert fees) which arise during or after the term of this Lease Term as a result of such contaminationbreach. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Projectwhich results from such a breach. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about in the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the ProjectBuilding, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material theretoto the Building; provided that Landlord's approval of such actions actions, and the contractors to be used by Tenant in connection therewith, shall first be obtained, which approval . (ii) It 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, Building or Project or exposes unreasonable for Landlord to withhold its consent to any liability therefor and proposed transfer, assignment or subletting of the Premises if (a) the proposed transferee's anticipated use of the Premises involves the generation, storage, use, treatment or disposal of Hazardous Material; (b) 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 are undertaken or use of the property in accordance with all applicable laws, rules and regulations and accepted industry practices.questions; or

Hazardous Materials. Tenant a. Lessee shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building or Project Leased Premises by TenantsLessee, its agents, employees, contractors, contractors or invitees, without the specific prior written consent of Landlord Lessor (which Landlord shall not unreasonably Lessor may 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Buildingits sole discretion). If Tenant Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project Leased Premises caused or permitted by Tenant Lessee results in contamination of the Leased Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, Leased Premises by Hazardous Material otherwise occurs for which Tenant Lessee is legally liable to Landlord Lessor for damage resulting therefrom, then Tenant Lessee shall indemnify, defend and hold Landlord Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential including, without limitation, diminution in value of the Leased Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased Premises, damages, arising from any adverse impact on marketing of space, and sums paid in settlement of claims, reasonable attorney fees, consultant fees and expert fees) which arise during or after the Ground Lease Term as a result of such contamination. This indemnification of Landlord Lessor by Tenant Lessee includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, Leased Premises due solely as a result of the Building actions or omissions of the ProjectLessee. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project Leased Premises caused or permitted by Tenant Lessee results in any contamination of the Leased Premises, the Building or the Project, Tenant Lessee shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project Leased Premises to the condition existing prior to the introduction of any such Hazardous Material theretoto the Leased Premises; provided that Landlord's Lessor’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises. b. As used herein, Building the term “Hazardous Material” means any hazardous or Project toxic substance, material or exposes Landlord waste which is or becomes regulated by any local governmental authority, the State of Colorado or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous substance” under appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv) designated as a “hazardous substance” pursuant to any liability therefor Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321); (v) Conservation and such actions are undertaken in accordance with all applicable lawsRecovery Act (42 U.S.C. § 6903); (vi) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, rules Compensation and regulations and accepted industry practices.Liability Act (42 U.S.C. § 9601); or

Hazardous Materials. Landlord hereby represents that to Landlord's current actual knowledge, without investigation, there are no Hazardous Materials present in the Premises in violation of applicable laws as of the date hereof. Tenant shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the Premises, Premises or the Building by Tenant or Project by Tenants, its agents, employees, contractors, or inviteesany Tenant Parties, without the prior written consent of Landlord (Landlord, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to may be withheld in Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)sole discretion. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project Premises caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Premises or the Real Property, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Real Property, damages arising from any adverse impact on marketing of space on the Real Property, and sums paid in settlement of claims, and reasonable attorney's fees, consultant fees and expert fees) which arise during or after the term of the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the ProjectReal Property. Without limiting the foregoing, if the presence of any Hazardous Material in, on at the Real Property is caused by or about the Premises, Building or Project caused or is permitted by Tenant to remain and thereafter results in any contamination of the Premises, the Building or the ProjectReal Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project Real Property to the condition existing prior to the introduction of any such Hazardous Material theretoMaterial; provided provided, that Landlord's approval of such actions shall first be obtained, which . Landlord's 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 PremisesReal Property. Any removal or remedial actions taken by Tenant hereunder shall be done so as to cause the least possible interference with the business of other tenants at the Real Property. Tenant shall give Landlord written notice of any evidence of mold, Building water leaks or Project water infiltration into the Premises promptly upon discovery of the same. At its expense, Tenant shall investigate, clean up and remediate any mold in the Premises that results from Tenant's activities in the Premises or exposes failure to notify Landlord of a water leak or other condition known to any liability therefor Tenant leading to the presence of mold. Investigation, clean up and remediation may only be performed after Landlord has approved Tenant's plan for such actions are undertaken remediation. All clean up and remediation will be done in accordance compliance with all applicable laws, rules and regulations and accepted industry practicesApplicable Laws. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. 21.1 Tenant shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the Premises, the Unit, the Building or the Project in violation of Applicable Laws by TenantsTenant or any subtenant, licensee or assignee of Tenant or any of its or their employees, agents, employeescontractors or invitees (collectively with Tenant, contractors, or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as each a “Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and BuildingParty”). If (a) Tenant breaches the obligations stated in the preceding sentencesuch obligation, or if (b) the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant Materials as a result of such a breach results in contamination of the Premises, the Building or the Project, any portion thereof, or if any adjacent property, (c) contamination of the Premises, the Building or the Project, by Hazardous Material Premises otherwise occurs for which during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is legally liable to Landlord for damage resulting therefromcaused by Landlord) or (d) contamination of the Project occurs as a result of Hazardous Materials that are placed on or under or are released into the Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all claimsClaims of any kind or nature, judgmentsincluding (w) diminution in value of the Project or any portion thereof, damages(x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, penalties, fines, costs, liabilities, (y) damages arising from any adverse impact on marketing of space in the Project or losses any portion thereof and (other than consequential damagesz) which sums paid in settlement of Claims that arise during or after the Lease Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for includes costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision Governmental Authority because of Hazardous Material Materials present inin the air, soil or groundwater above, on, under or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on on, under or about the PremisesProject, Building any portion thereof or Project any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, the Building or the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are reasonably necessary to return the PremisesProject, the Building any portion thereof or the Project any adjacent property as nearly as practicable to the its respective condition existing prior to the introduction time of any such Hazardous Material theretocontamination; provided that Landlord's ’s written approval of such actions action shall first be obtained, which approval Landlord shall not unreasonably withhold, condition or delay; and provided, further, that it shall be unreasonably withheld so long as reasonable for Landlord to withhold its consent if such actions would not potentially could have any a material adverse long-term or short-term effect on the PremisesProject, Building any portion thereof or any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims resulting from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party. If any Hazardous Materials are placed on the Property by Landlord or exposes any Landlord to any liability therefor Party and such actions are undertaken Hazardous Materials present a reasonable threat to the health of persons or property, then Landlord covenants and agrees to remove or remediate, to the extent required under and in accordance with Applicable Law, any such Hazardous Materials. If any Hazardous Materials are placed on the Property by another tenant or occupant or third party and such Hazardous Materials present a reasonable threat to the health of persons or property, notwithstanding anything to the contrary in this Lease, if, for more than five (5) consecutive business days following written notice to Landlord, Tenant is unable to use and occupy the Premises for the Permitted Use as a result of such Hazardous Materials, then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all applicable lawsof the Premises are affected, rules a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and regulations Operating Expenses) shall be abated commencing on the later to occur of (i) the first (1st) business day after such interruption, or (ii) the date on which Tenant ceases its use and accepted occupancy of the Premises (or portion thereof) for the Permitted Use, until the Premises are again usable by Tenant for the Permitted Use. 21.2 Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry practicesso long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord no later than thirty (30) days prior to the initial occupancy of any portion of the Premises, or the initial placement of equipment anywhere at the Project (a) a list identifying each type of Hazardous Material to be present at the Premises that is subject to regulation under any environmental Applicable Laws, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) if there are any changes to the Hazardous Materials Documents, or (n) Tenant initiates any Alterations or changes in its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review of Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3 Notwithstanding the provisions of Sections 21.1 21.2 or 21.9, if (a) any proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question or (b) any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials, then it shall not be unreasonable for Landlord to withhold its consent to any such proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4 At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right to conduct appropriate tests of the Project or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Project in violation of this Lease. 21.5 If underground or other storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized exclusively by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have no responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6 Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises. 21.7 Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord (if due to Tenant’s failure to comply with the terms hereof) after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials that Tenant’s is responsible to remove or remediate, and Landlord is unable to relet all or any portion of the Premises as a result thereof, then Tenant shall be deemed a holdover tenant and subject to the provisions of Article 27. 21.8 As used herein, the term “Hazardous Material” means (a) any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority, and (b) and (i) “chemotherapeutic waste”, “infectious waste” or “medical waste” as may now or hereafter be defined by any future law, statute, order, ordinance or regulation, (ii) “radioactive waste” as may now or hereafter be defined by any future law, statute, order, ordinance or regulation, (iii) human corpses, remains and anatomical parts that are donated and used for scientific or medical education, research or treatment, (iv) body fluids or biological which are being stored at a laboratory prior to laboratory testing, and/or (v) similar laboratory wastes and materials.

Hazardous Materials. Tenant Client shall not cause use or permit any Hazardous Material (flammable materials such as defined below) to be brought upon▇▇▇▇▇▇▇, kepttissue paper, crepe paper, or other flammable items for decorations; and all other materials used in or about for decorative purposes must be treated with flame-proofing and approved by the PremisesCity's Fire Department. In addition, Building or Project by Tenants, its agents, employees, contractors, or inviteesClient shall not, without the prior written consent of Landlord the Director, put up or operate any engine or motor at the Facility or use oils, burning fluids, camphene, kerosene, naphtha, gasoline, or any other flammable chemical, for mechanical or any other purposes, or any agent other than electricity for illuminating any part of the Facility. Subject to the foregoing, Client shall restrict the use of Hazardous Materials at the Facility to those kinds of materials in small quantities that would be normally expected in conducting the activities permitted under this Agreement. Such Hazardous Materials shall only be used in a safe and prudent manner and Client shall take all necessary precautions to prevent releases of Hazardous Materials. Under no circumstances shall Client store, dispose or permit storage or disposal of any Hazardous Materials at the Facility. Client shall comply with all federal, state, and local laws, ordinances, and regulations concerning environmental laws and Hazardous Materials (which Landlord including, without limitation, City's Hazardous Materials Management Program), and Client shall not unreasonably withhold as long as Tenant demonstrates be responsible for reporting any Hazardous Material releases to Landlordthe appropriate public agencies. Client shall immediately notify the Director of any release. At Client's reasonable satisfaction that sole cost and expense, any release of a Hazardous Material or danger of release of a Hazardous Material shall be corrected immediately. At the sole discretion of City, City may close the Facility without abatement for fees due to City, until such release or danger of release of a Hazardous Material is necessary or useful to Tenant's business removed. Client shall be solely and will be used, kept, stored fully responsible and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend indemnify and hold Landlord City harmless from any and against all claimsloss, judgmentsdamage, damages, penalties, fines, costs, liabilities, or losses liability (other than including all foreseeable and unforeseeable consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includesand expense (including, without limitation, the obligation to reimburse Landlord for costs incurred in connection with cost of any investigation required clean-up and remediation of site conditions the Hazardous Materials) arising as a result of the presence or any cleanup, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because clean-up of Hazardous Material present in, on, or about Materials at the Premises, Building or Project Facility caused in whole or in part by Client. Client's obligations under this Section shall survive the soil expiration or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence earlier termination of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesthis Agreement.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (as defined below) Materials to be brought upon, kept, kept or used in or about the Premises, Building Premises or Project the real estate described in Exhibit B (the "Real Estate") by TenantsTenant, its agents, employees, contractors, contractors or invitees, invitees without the prior written consent of Landlord (Landlord, which Landlord consent shall not be unreasonably withhold withheld 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, kept and stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)Premises or Real Estate. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building Premises or Project Real Estate caused or permitted by Tenant results in contamination of the Premises, the Building Premises or the Project, Real Estate or if contamination of the Premises, the Building Premises or the Project, Real Estate by Hazardous Material otherwise occurs for which Tenant is legally liable responsible to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Premises or Real Estate, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or Real Estate, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorney's fees, consultants' fees and expert fees) which arise during or after the Lease Term lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanupclean up, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the ProjectReal Estate. Without limiting the foregoing, if the presence of any Hazardous Material in, on the Premises or about the Premises, Building or Project Real Estate caused or permitted by Tenant results in any contamination of the Premises, the Building Premises or the ProjectReal Estate, Tenant shall promptly take all actions actions, at its sole expense expense, as are necessary to return the Premises, the Building or the Project Premises to the condition existing prior to the introduction of any such Hazardous Material theretoto the Premises or Real Estate; provided that Landlord's written approval of such actions shall be first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-long term or short-short term effect on the PremisesPremises or Real Estate. The foregoing indemnity shall survive the expiration or earlier termination of the Lease. As used herein, Building the term "Hazardous Material" means any hazardous or Project toxic substance, material or exposes Landlord waste, including, but not limited to, those substances, materials and wastes defined or specified in 42 U.S.C Section 9601 et seq. and any similar state statute or local ordinance applicable to the Real Estate as well as any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicespromulgated, administered or enforced by any governmental agency or authority pursuant thereto including any subsequent amendments thereof.

Hazardous Materials. (a) Tenant shall not cause or permit any Hazardous Material (as defined belowhereinafter defined) to be brought upon, kept, kept or used in or about the Premises, Premises or the Building or Project by TenantsTenant, its agents, principals, employees, assigns, sublessees, contractors, consultants or invitees, invitees without the prior written consent of Landlord (Landlord, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary consent may be withheld for any reason whatsoever or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)for no reason at all. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Premises or around the Building or Project caused or permitted by Tenant (or the aforesaid others) results in (a) any contamination of the Premises, the Building Building, the surrounding area(s), the soil or the Projectsurface or ground water or (b) loss or damage to person(s) or property, or if contamination of the Premises, Premises or the Building or the Project, surrounding area(s) by Hazardous Material otherwise occurs for which Tenant is legally legally, actually or factually liable or responsible to Landlord (or any party claiming, by through or under Landlord) for damage damages, losses, costs or expenses resulting therefrom, then Tenant shall be solely responsible for all costs, expenses and amounts required to remediate, clean up and correct such matter and Tenant shall further fully and completely indemnify, defend and hold harmless Landlord harmless (or any party claiming by, through or under Landlord) from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses [including, without limitation: (other than consequential damagesi) diminution in the value of the Premises and/or the Building and/or the land on which the Building is located and/or any adjoining area(s) which Landlord owns or in which it holds a property interest; (ii) damages for the loss or restriction on use of rentable or usable space of any amenity of the Premises, the Building or the land on which the Building is located; (iii) damages arising from any adverse impact on marketing of space; and (iv) any sums paid in settlement of claims, reasonable attorneys and paralegals' fees, (whether incurred in court, out of court, on appeal or in bankruptcy or administrative proceedings) consultants fees and expert fees] which arise during or after the Lease Term of this Lease, as may be extended, as a result consequence of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of or site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building Premises or the Project. Building. (b) Without limiting the foregoing, if the presence of any Hazardous Material inon, on under or about the Premises, the Building or Project the surrounding area(s) caused or permitted by Tenant (or the aforesaid others) results in (a) any contamination of the Premises, the Building Building, the surrounding area(s), the soil or the Projectsurface or ground water or (b) loss or damage to person(s) or property, then Tenant shall promptly immediately notify Landlord of any contamination, claim of contamination, loss or damage and, after consultation and approval by Landlord, take all actions at its Tenant's sole expense as are necessary or appropriate to return the Premises, the Building Building, the surrounding area(s) and the soil or the Project surface or ground water to the condition existing prior to the introduction of any such Hazardous Material thereto; provided , such that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions contaminated areas are undertaken in accordance brought into full compliance with all applicable laws, rules and statutory regulations and accepted industry practicesstandards. The foregoing obligations and responsibilities of Tenant shall survive the expiration or earlier termination of this Lease. (c) As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such substances, materials and wastes that are or become regulated under any applicable local, state or federal law. "Hazardous Material" includes any and all material or substances which are defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" pursuant to local, state or federal governmental law.

Hazardous Materials. Tenant shall not cause 47.1 To the best of Landlord’s knowledge (without any inquiry or permit any Hazardous Material (as defined below) to be brought uponinvestigation), keptno chemical substances, asbestos or asbestos-containing materials, formaldehyde, polychlorinated biphenyls, and no toxic, carcinogenic, radioactive, dangerous or hazardous material, substance, waste, contaminant, or used pollutant regulated now or hereafter by any governmental entity or agency (collectively, “Hazardous Materials”) currently exist in or about the Premises, Building or Project by Tenantson the Land or previously existed on the Land in violation of applicable governmental regulation. Throughout the Lease Term, its agents, employees, contractors, or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates knowingly cause, permit or allow any Hazardous Materials to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be placed, stored, dumped, dispensed, released, discharged, used, keptsold, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentencetransported, or if the presence of Hazardous Material located on the Premises, Building or Project caused or permitted by Tenant results in contamination within any portion of the Premises, the Building or the ProjectLand by itself or its servants, agents, and employees; provided, however, minor quantities of Hazardous Materials may be used or stored in the Building and on the Land for cleaning purposes, in connection with the use of office equipment and the normal operation of offices by tenants and occupants of the Building and in connection with construction and maintenance activities relating to the Building and the Land, so long as such quantities and the use thereof are permitted by or are exempt from applicable governmental regulation. Landlord agrees to promptly clean up any Hazardous Materials (other than those permitted above) which are placed in the Building or on the Land by Landlord or its servants, agents and employees and to remediate and remove any such contamination of the Building and/or the Land resulting from the acts of Landlord and its servants, agents and employees, at Landlord’s cost and expense, in compliance with all applicable laws, ordinances, rules and regulations then in effect, at no cost or expense to Tenant. 47.2 Throughout the Lease Term, Tenant shall not knowingly cause, permit or allow any Hazardous Materials to be placed, stored, dumped, dispensed, released, discharged, used, sold, transported, or if contamination located on or within any portion of the Premises, the Building or the Projectland by itself or its servants, by agents, employees, contractors, subcontractors, licensees, assignees or subtenants; provided, however, minor quantities of Hazardous Material otherwise occurs Materials may be used or stored in the Premises for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, cleaning purposes only or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with the use of office equipment and the normal operation of Tenant’s office only, so long as such quantities and the use thereof are permitted by or are exempt from applicable governmental regulation. Tenant agrees to give Landlord prompt written notice of any investigation discovery, discharge, release or threatened discharge or threatened release 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, on, Materials on or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the ProjectLand. Without limiting the foregoing, if the presence of Tenant agrees to promptly clean up any Hazardous Material in, Materials which are placed in the Premises or on or about the Premises, Building or Project caused or permitted Land by Tenant results in or its servants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants and to remediate and remove any such contamination of relating to the Premises, the Building or and/or the ProjectLand, Tenant shall promptly take all actions as appropriate, at its sole expense as are necessary to return the PremisesTenant’s cost and expense, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance compliance with all applicable laws, ordinances, rules and regulations then in effect and accepted industry practicesto Landlord’s satisfaction, at no cost or expense to Landlord. Additionally, Tenant hereby agrees to indemnify and hold harmless Landlord and Landlord’s partners, officers, directors, members, affiliates, employees and agents from and against all loss, cost, damage, liability and expense (including attorneys’ fees and expenses) arising from or relating to any Hazardous Materials which are placed in the Premises or the Building or on the Land by Tenant or its servants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants. 47.3 The terms and provisions in this Paragraph 47 shall survive the termination or earlier expiration of this Lease.

Hazardous Materials. Tenant Lessee shall not cause or permit any ensure that the Leased Property and the operation of the Facilities comply with all Hazardous Material (as defined below) to be brought upon, kept, or used Materials Laws. Except for Hazardous Materials generated in or about the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, without normal course of business regarding the prior written consent of Landlord Primary Intended Use (which Landlord Hazardous Materials 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, stored handled and disposed of in a manner that complies compliance with all laws regulating Hazardous Materials Laws), no Hazardous Materials shall be installed, used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of, or otherwise present in, on or under the Leased Property or in connection with the operation of any such Facility. Lessee shall take reasonable precautions to ensure that no activity is undertaken on the Leased Property or in connection with the operation of any Facility which would cause (a) the Leased Property to become a treatment, storage or disposal facility of hazardous waste, infectious waste, biomedical or medical waste, within the meaning of, or otherwise bring the Leased Property within the ambit of RCRA or any Hazardous Material so brought upon Materials Laws, (b) a release or used threatened release of Hazardous Materials from the Leased Property within the meaning of, or kept in otherwise bring the Leased Property within the ambit of, CERCLA or about ▇▇▇▇ or any Hazardous Materials Laws or (c) the Premisesdischarge of Hazardous Materials into any watercourse, Building and Projectsurface or subsurface of body of water or wetland, and such storage will not create an undue risk to other tenants or the discharge into the atmosphere of the Building and Project, giving consideration any Hazardous Materials which would require a permit under any Hazardous Materials Laws. No activity shall be undertaken with respect to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building Leased Property or the Projectoperation of any Facility which would reasonably be expected to cause a violation or support a claim under RCRA, CERCLA, ▇▇▇▇ or if contamination of any Hazardous Materials Laws. Lessee shall, at its sole cost, expense, risk and liability, remove or cause to be removed from the PremisesLeased Property all Hazardous Materials generated in connection with the Primary Intended Use and as found in hospital and healthcare facilities, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includesincluding, without limitation, the obligation to reimburse Landlord for costs incurred in connection all infectious waste materials, syringes, needles and any materials contaminated 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 of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence bodily fluids of any Hazardous Material intype, on character or about the Premises, Building or Project caused or permitted by Tenant results in any contamination description of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken whatsoever nature in accordance with all applicable laws, rules Hazardous Materials Laws. Lessee shall take reasonable precautions to ensure that infectious waste and regulations and accepted industry practicesHazardous Materials are not disposed in any receptacles used for the disposal of normal refuse.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building or Project Property by TenantsTenant, its agents, employees, contractors, contractors or invitees, 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, kept and stored and disposed of in a manner that complies with all laws laws, rules, statutes and ordinances regulating any such Hazardous hazardous Material so brought upon or used or kept in In or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and BuildingProperty). If Tenant breaches the obligations stated above in the preceding sentencethis Paragraph, or if the presence of Hazardous Material on or about the Premises, Building or Project Property caused or permitted by Tenant results in contamination of the Premises, the Building or the ProjectProperty, or if contamination of the Premises, the Building Property or the Project, surrounding area by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Property or the building which is part of the Property, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property, damages arising from any adverse impact on marketing of space in the building, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on on, under or under about the Premises, the Building or the ProjectProperty. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project Property caused or permitted by Tenant results in any contamination of the PremisesProperty or surrounding area, or causes the Building Property or the Projectsurrounding area to be in violation of any laws, rules, statutes or ordinances, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project Property and surrounding area to the condition existing prior to the introduction of any such Hazardous Material theretoMaterial; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term term, or short-term effect on the Premises, Building Property or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicessurrounding area.

Hazardous Materials. (a) Tenant shall not has no liability or responsibility with respect to Hazardous Substances, if any, which were placed or located within the Leased Premises or the Building prior to the Effective Date, but Tenant may not: (i) cause or permit the escape, disposal, or release in the Leased Premises or the Building of any biologically active, chemically active, or hazardous substances or materials (hereafter referred to as “Hazardous Substances”); or (ii) bring or permit or allow any Tenant Party to bring, any Hazardous Material (Substances into the Leased Premises or the Building. The term Hazardous Substances includes, but is not limited to, those described in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as defined below) to be brought uponamended, kept42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., the Texas Water Code, the Texas Solid Waste Disposal Act, and other applicable state or local environmental laws and the regulations adopted under those acts. Hazardous Substances will not include, however, any hazardous substance used in or about stored on the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, 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, stored and disposed of Leased Premises in a manner that complies and quantity necessary for the ordinary performance of Tenant’s business, and then in compliance with all laws regulating applicable laws. (b) If any such lender or governmental agency requires testing to ascertain whether or not a release of Hazardous Material so brought upon or used or kept Substances has occurred in or about on the PremisesLeased Premises or the Building based on probable cause that a release occurred and was caused by any Tenant or Tenant Party, Building and Projectthen Tenant shall reimburse the reasonable costs of the testing to Landlord on demand as Rent. (c) Tenant shall execute affidavits, representations, and such storage will not create an undue risk the like from time to other tenants of the Building time at Landlord’s request and Project, giving consideration in form and substance reasonably accepted to the nature of the Project Tenant concerning Tenant’s best knowledge and Building). If Tenant breaches the obligations stated in the preceding sentence, or if belief regarding the presence of Hazardous Material Substances in the Leased Premises and the Building. (d) Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of Hazardous Substances in or on the Premises, Leased Premises or the Building or Project caused or permitted by any Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesParty.

Hazardous Materials. (a) Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about the Premises, Building or Project Premises by TenantsTenant, its agents, employees, contractors, licensees or invitees, 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, kept and stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project Premises caused or permitted by Tenant results in contamination of the PremisesPremises or Building Complex, the Building or the Projectany part thereof, or if contamination of the Premises, the Premises or Building or the Project, Complex by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord Landlord, its agents, employees, legal representatives, successors and assigns, harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damagesincluding, without limitation, diminution in value of the Premises and Building Complex, damages for the loss or restriction on use of any rentable or usable space or of any amenity of the Premises or Building Complex, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, in or about the Premises, Building Complex or Project or in the soil or ground water on or under the Premises, the Building or the ProjectComplex. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project Complex caused or permitted by Tenant results in any contamination of the Premises, the Building or the Projectany portion thereof, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project Complex to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Material, subject to obtaining Landlord's approval prior written consent to the actions to be taken by Tenant. Landlord may properly require its consent to the selection of the contractors and other experts involved in the inspection, testing and removal or abatement activities, the scope of activities to be performed, the manner and method for performance of such actions shall first be obtainedactivities, 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, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with other matters as may be required or requested by Landlord for the safety of and continued use of the Building Complex and all applicable laws, rules occupants thereof. The obligations and regulations and accepted industry practicesliabilities of Tenant herein shall survive expiration or termination of this Lease.

Hazardous Materials. (1) Tenant covenants and agrees that it shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, kept, or used in or about the Premises, Building or Project by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent of Landlord (which Landlord . The foregoing covenant shall not unreasonably withhold as extend to substances typically found or used in general office applications so long as (a) 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, (b) such substances are used strictly in accordance with the manufacturers' instructions therefor, (c) such substances are not disposed of in or about the Project in a manner which would constitute a release or discharge thereof, and (d) all such substances and any equipment which generates such substances are removed from the Project by Tenant demonstrates upon the expiration or earlier termination of this Lease. Any use, storage, generation, disposal, release or discharge by Tenant of Hazardous Materials in or about the Project as is permitted pursuant to this Section shall be carried out in compliance with all applicable federal, state and local laws, ordinances, rules and regulations, including without limitation any labeling standards established by state regulations. Moreover, no hazardous waste resulting from any operations by Tenant shall be stored or maintained by Tenant in or about the Project for more than ninety (90) days prior to removal by Tenant. Tenant shall, annually within thirty (30) days after Tenant's receipt of Landlord's reasonable satisfaction that written request therefor, provide to Landlord a written list identifying any Hazardous Materials then maintained by Tenant in the Project, the use of each such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed the approximate quantity of in a manner that complies with all laws regulating any each such Hazardous Material so brought upon 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 used or kept discharged any Hazardous Materials in or about the Premises, Building and Project, and such storage . (2) In the event that Tenant proposes to conduct any use or to operate any equipment which will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of may utilize or generate a Hazardous Material on the Premisesother than as specified in Section 8(C)(1) above, Building Tenant shall first in writing submit such use or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable equipment to Landlord for damage resulting therefrom, then approval. No approval by Landlord shall relieve Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material inobligation of Tenant pursuant to this Section 8(C), on including the removal, clean-up and indemnification obligations imposed upon Tenant by this Section 8(C). Tenant shall, within five (5) days after receipt thereof, furnish to Landlord copies of all notices or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.other communications

Hazardous Materials. (a) Tenant shall not cause or permit any Hazardous Material (as defined below) Materials to be brought upon, kept, used, generated or used disposed of in or about the Premises, Building . Except to the extent that the same shall have occurred as a result of any act or Project by Tenantsomission of the Landlord, its agents, agents or employees, contractorsif during the Term of this Lease the Premises becomes contaminated in any manner caused by Tenant, Tenant shall indemnify and hold harmless Landlord from any and all claims, damages, fines, judgments, losses or liabilities, investigation, cleanup, removal or restoration mandated by or related to a federal, state or local agency, or inviteespolitical subdivision, without the prior written consent and any and all sums payable for settlement of Landlord (which Landlord claims, attorneys’ fees, consultant and expert fees) arising from, growing out of or related to Hazardous Materials as described or anticipated in this Section. Tenant 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, stored and disposed of in a manner that complies comply with all laws regulating any such terms set forth in the Hazardous Material so brought upon or used or kept in or about the PremisesMaterials Prevention Contamination, Building and Projectif any, and such storage will not create an undue risk to other tenants Response Plan for the Gulfcoast Corporate Park and the applicable requirements of the Building and ProjectManatee County Land Development Code, giving consideration as amended, which pertain to the nature of the Project and Building). Hazardous Materials. (b) If Tenant breaches causes or permits the obligations stated in the preceding sentence, or if the presence discharge of any Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are take all reasonable or necessary actions to return the Premises, the Building or the Project Premises to the condition existing prior to the introduction presence of any the Hazardous Materials, after first obtaining Landlord’s approval for such Hazardous Material thereto; provided that remedial action. Tenant’s remedial action hereunder shall comply with all Legal Requirements and Landlord's approval of such actions shall first be obtained, which ’s approval shall not be unreasonably withheld required for remedial actions required under any Legal Requirement. If Tenant does not promptly initiate and diligently pursue full remediation in compliance with Legal Requirements, Landlord may, following reasonable notice to Tenant, do so long and Tenant shall reimburse Landlord, as such actions would not potentially have any material adverse long-term Additional Rent. (c) The provisions of this Section 5.04 shall survive the expiration or short-term effect on termination of this Lease. (d) Notwithstanding the provisions of Section 5.04(b), Tenant may introduce and store within the Premises, Building or Project or exposes Landlord to any liability therefor chemicals, compounds, solvents and similar materials ordinarily used in Tenant’s business operations, which may constitute Hazardous Materials, provided that such actions materials are undertaken stored and utilized in accordance with all applicable laws, rules and regulations and accepted industry practicesLegal Requirements. Tenant shall be liable under Section 5.04(c) for any discharge or mishandling of materials permitted on the Premises pursuant to this Section.

Hazardous Materials. Landlord 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 shall (i) not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building or Project Premises by TenantsTenant, its agents, employees, contractors, contractors or invitees, 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 for Tenant's business and will be used, kept, kept and stored and disposed of in a manner that complies with all laws regulating Laws pertaining to any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)Material. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project Premises caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, 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, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental government agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the ProjectProperty. Without limiting the foregoing, if the presence of any Hazardous Hazards Material in, on or about the Premises, Building or Project Premises caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project Premises to the condition existing prior to the introduction of any such Hazardous Material theretoto the Premises; provided that (i) Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor Premises and (ii) such actions are undertaken calculated to cause the least amount of inconvenience to other Tenants. 4.5.2 Notwithstanding anything in accordance this Lease to the contrary, it shall not be unreasonable for Landlord to withhold its consent to any proposed assignment, sublease of transfer if (i) the proposed transferee's anticipated use of the Premises involves the generation, storage, use, treatment or disposal of Hazardous Material; (ii) the proposed transferee has been required by any prior landlord, lender or governmental authority to take remedial action in connection with all applicable laws, rules and regulations and accepted industry practices.Hazardous Material contaminating a property if the contamination resulted from such transferee's actions or use of the property in question; or

Hazardous Materials. (a) Tenant may use chemicals such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily found and used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises. Tenant shall not cause use, store, handle, treat, transport, release or permit dispose of any other Hazardous Material Materials on or about the Premises or the Property without Landlord’s prior written consent, which Landlord may withhold or condition in Landlord’s sole discretion. (as defined belowb) to be brought uponAny handling, kepttreatment, transportation, storage, disposal or used use of Hazardous Materials by Tenant in or about the Premises, Building Premises or Project by Tenants, its agents, employees, contractors, or invitees, without the prior written consent Property and Tenant’s use of Landlord (which Landlord the Premises 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, stored and disposed of in a manner that complies comply with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then applicable Environmental Laws. (c) Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold Landlord harmless from and against, any and all liabilities, losses claims, judgmentsdamages, damagesinterest, penalties, fines, attorneys’ fees, experts’ fees, court costs, liabilitiesremediation costs, and other expenses which result from the use, storage, handling, treatment, transportation, release, threat of release or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because disposal of Hazardous Material present in, on, Materials in or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building Premises or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted Property by Tenant results in or Tenant’s agents, employees, contractors or invitees. (d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any contamination of communication received by Tenant from any governmental authority concerning Hazardous Materials which relates to the Premises, the Building Premises or the ProjectProperty, and (ii) any Environmental Condition, of which Tenant shall promptly take all actions at its sole expense as are necessary to return the Premisesis aware, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project elsewhere on the Property if caused by Tenant or exposes anyone claiming by through or under Tenant. (e) Landlord to any liability therefor and such actions are undertaken in accordance with all applicable lawscovenants that, rules and regulations and accepted industry practicesas of the Commencement Date, the Premises shall be free of Hazardous Materials.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building or Project by TenantsTenant, its agents, employees, contractors, or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to other than those expressly permitted, in writing, by Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations obligation stated in the preceding sentenceabove, or if the presence of Hazardous Material Materials on the Premises, Building Building, Common Area or Project caused or permitted by Tenant (including Hazardous Materials specifically permitted and identified below) results in contamination of to the Premises, the Building Building, Common Area or the Project, or if contamination of the Premises, the Building Building, Common Area or the Project, Project by Hazardous Material Materials otherwise occurs for which Tenant is legally liable to Landlord for damage damages resulting therefrom, then Tenant shall be liable and responsible for, without limitation, (i) removal from the Premises, Building, Common Area and Project of any Hazardous Materials and cost of such removal; (ii) damages to persons or property in or on the Premises, Building, Common Area and Project; (iii) claims resulting therefrom; (iv) fines imposed by any governmental agency; and (v) any other liability as provided by law. In addition to the foregoing, Tenant shall indemnify, defend and hold Landlord Landlord, its partners, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damages) including, without limitation, diminution in value of the Premises, Building, Common Area and Project or any portion of the real property surrounding the Project (the "Adjacent Property"), damages for the loss or restriction on use of rentable space or of any amenity of the Premises, Building, Common Area and Project, damages arising from any adverse impact on marketing of space in the Project, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees, which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material Materials present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the ProjectProject and arising out of a breach of Tenant's obligation under this Section 9.5. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.Hazardous

Hazardous Materials. (a) Tenant may use chemicals such as adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily found and used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Premises. Tenant shall not cause use, store, handle, treat, transport, release or permit dispose of any other Hazardous Material Materials on or about the Premises or the Property without Landlord's prior written consent, which Landlord may withhold or condition in Landlord's sole discretion. (as defined belowb) to be brought uponAny handling, kepttreatment, transportation, storage, disposal or used use of Hazardous Materials by Tenant in or about the Premises, Building Premises or Project by Tenants, its agents, employees, contractors, or invitees, 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 Property and Tenant's business and will be used, kept, stored and disposed use of in a manner that complies the Premises shall comply with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then applicable Environmental Laws. (c) Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold Landlord harmless from and against, any and all liabilities, losses claims, judgmentsdamages, damagesinterest, penalties, fines, attorneys' fees, experts' fees, court costs, liabilitiesremediation costs, and other expenses which result from the use, storage, handling, treatment, transportation, release, threat of release or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because disposal of Hazardous Material present in, on, Materials in or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building Premises or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted Property by Tenant results in or Tenant's agents, employees, contractors or invitees. (d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any contamination of communication received by Tenant from any governmental authority concerning Hazardous Materials which relates to the Premises, the Building Premises or the ProjectProperty, and (ii) any Environmental Condition, of which Tenant shall promptly take all actions at its sole expense as are necessary to return the Premisesis aware, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project elsewhere on the Property if caused by Tenant or exposes anyone claiming by through or under Tenant. (e) Landlord to any liability therefor and such actions are undertaken in accordance with all applicable lawscovenants that, rules and regulations and accepted industry practicesas of the Commencement Date, the Premises shall be free of Hazardous Materials.

Hazardous Materials. Tenant 10.6.1 Lessee shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building or Project Premises by TenantsLessee, its agents, employees, representatives, subLessees, contractors, subcontractors, licensees, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)GJRAA. If Tenant Lessee breaches the obligations stated in the preceding sentencethis obligation, or if the presence of Hazardous Material on the Premises, Building or Project Premises is caused or permitted by Tenant Lessee and results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant Lessee shall indemnify, defend and hold Landlord the GJRAA harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, the diminution in value of the Premises, damages for the loss or restriction on the use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on the marketing of space, sums paid in settlement of claims, attorney fees, consultant fees and expert fees) which arise during or after the term of this Lease Term as a result of such contamination. This indemnification of Landlord the GJRAA by Tenant Lessee includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedialremediation,, or any removal or restoration work required by any federalFederal, stateState, or local governmental government agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project Premises is caused or permitted by Tenant Lessee and it results in any contamination of the Premises, the Building or the Project, Tenant Lessee shall promptly take all actions actions, at its sole expense as expense, that are necessary to return the Premises, the Building or the Project Premises to the condition existing prior to the introduction of any such Hazardous Material thereto; to the Premises, provided that Landlordthe GJRAA's approval of such actions shall first be obtained. Lessee's obligations in Paragraph 10 of this Lease shall survive the termination of this Lease. 10.6.2 As used in paragraph 10.6.1, above, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which approval shall not be unreasonably withheld so long as such actions would not potentially have is or becomes regulated by any local governmental agency, the GJRAA, the State of Colorado, or the United States Government. The term "Hazardous Material" includes, without limitation, any material adverse long-term or short-term effect on substance that is (i) defined as a "hazardous substance" under the Premisesapplicable law, Building rule, or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.regulation; (ii) petroleum;

Hazardous Materials. Landlord represents that it has no knowledge of any present or past Hazardous Waste contamination, spills or violations in the Building. (a) Tenant shall (i) not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about the Premises, Building or Project Premises by TenantsTenant, its agents, employees, contractors, licensees or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold or delay 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, kept and stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material Materials so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project Premises caused or permitted by Tenant results in contamination of the PremisesPremises or Building, the Building or the Projectany part thereof, or if contamination of the Premises, the Premises or Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord Landlord, its agents, employees, legal representatives, successors and assigns, harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damagesincluding, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of any rentable or usable space or of any amenity of the Premises or Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, reasonable attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for such 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 governmental agency or political subdivision because of Hazardous Material present in, on, in or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building Building. The obligations and liabilities of Tenant herein shall survive expiration or the Project. Without limiting the foregoing, if the presence termination of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.this Lease

Hazardous Materials. Tenant shall not allow, cause or permit any Hazardous Material (as defined below) Materials to be brought upongenerated, keptused, treated, released, stored or used disposed of in or about the Premises, Building or Project the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials (such as, without limitation, toner, 3D printing supplies) in the Premises so long as such materials are properly, safely and lawfully stored and used by TenantsTenant and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, its agents, employees, contractorsas amended, or inviteesany applicable state or local law that requires reporting. At the expiration or earlier termination of this Lease, without with respect to conditions relating to Hazardous Materials existing on account of Tenant’s use or occupancy of the prior written consent Premises or any action or inaction of Landlord Tenant or any Agent respecting Hazardous Materials (which Landlord it being understood that the term “inaction” as used in this Section shall not unreasonably withhold impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and Project, giving consideration to the nature extent such condition is knowingly aggravated as a result of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, Tenant’s use or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination occupancy of the Premises), Tenant shall surrender the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable Premises to Landlord for damage resulting therefromfree of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, then Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlord’s Representatives harmless from and against any and all claimsClaims of any kind or nature, judgmentsknown or unknown, damagescontingent or otherwise, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise out of or are in any way related to the acts or omissions of Tenant or any Agent (including, but not limited to, reasonable 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 and damages arising from any adverse impact on marketing of space), whether before, during or after the Lease Term as a result arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of such contaminationHazardous Materials by Tenant or any Agent in or about the Premises or the Building. This indemnification Notwithstanding the termination or other provision of this Lease Landlord shall indemnify, defend (with counsel approved by Tenant) and hold Tenant and Tenant’s Representatives harmless from and against any and all Claims of any kind or nature which are arise out of or are in any way related to the acts or omissions of Landlord or any Landlord’s Representative (including but not limited to, reasonable attorneys’, consultant, laboratory and expert fees and damages for the loss or restriction on use of the Premises or any other space or amenity of the Building) arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge or Hazardous Materials by Landlord or any Landlord’s Representative. Tenant shall: (i) give Landlord prompt verbal and follow-up written notice of any Environmental Default, or circumstance that could reasonably be expected to give rise to an Environmental Default, of which ▇▇▇▇▇▇ has actual knowledge, which Environmental Default (if arising) Tenant shall cure in accordance with all Environmental Laws and only after ▇▇▇▇▇▇ has obtained Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and (ii) promptly deliver to Landlord copies of any material written notices or other items received by Tenant includesfrom or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, without limitationor any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the obligation occupancy or use thereof as it relates to reimburse Landlord for costs incurred in connection with any investigation Hazardous Materials, or the existence or potential existence of site conditions or any cleanup, remedial, removal or restoration work Hazardous Materials therein. To the extent required by applicable Environmental Laws, Tenant covenants to promptly investigate, clean up and otherwise remediate, at Tenant’s sole cost and expense, any federalspill, state, release or local governmental agency or political subdivision because discharge of Hazardous Material present in, on, Materials at or about the Premises, the Building and/or the Land to the extent caused by the acts or Project omissions of Tenant or Agents. Such investigation, clean up and remediation shall be performed in accordance with applicable Environmental Laws and to the reasonable satisfaction of Landlord and only after ▇▇▇▇▇▇ has obtained Landlord’s written consent, such consent not to be unreasonably withheld, conditioned or delayed. 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 right but not the obligation to enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to address same with reasonable promptness in accordance with this Lease, to take such actions as may be required by applicable Environmental Law to cure the Environmental Default. If any governmental agency shall require testing to ascertain whether an Environmental Default by ▇▇▇▇▇▇ is pending or threatened, then, subject to Tenant’s right to contest such requirement as provided herein, Tenant shall pay the costs therefor as additional rent within thirty (30) days following Landlord’s written invoice therefor, accompanied by commercially reasonable back-up documentation for such costs. Promptly upon ▇▇▇▇▇▇▇▇’s written request, ▇▇▇▇▇▇ shall execute from time to time affidavits, representations and similar documents concerning ▇▇▇▇▇▇’s knowledge and belief regarding the presence of Hazardous Materials at or in the soil Premises. Landlord shall have the right but not the obligation, at all reasonable times during the Lease Term, to inspect the 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 or ground water on or under stored at the Premises. In conducting any such tests, investigations or sampling, Landlord shall use diligent efforts to minimize any interference with ▇▇▇▇▇▇’s use of or access to the Building Premises. The cost of any such inspections, tests and investigations shall be paid by Landlord at its sole cost and expense, except that the reasonable costs of such inspections, tests and investigations shall be borne by Tenant where the same disclose that Tenant is not in compliance with the requirements of this Lease respecting Hazardous Materials in all material respects. Landlord will provide Tenant with reasonable prior notice of any such inspection in advance thereof, other than in cases of emergency where Landlord shall endeavor to provide Tenant contemporaneous telephonic or e-mail notice. At any time during the Project. Without limiting Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the foregoing, if Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Material inMaterials in the Premises and the potential costs in connection with abatement, on cleanup, or about removal of any Hazardous Materials placed within or released from the Premises by Tenant or any Agent. Tenant will reasonably cooperate with Landlord and allow Landlord and Landlord’s Representatives reasonable access to any and all parts of the Premises and to the records of Tenant with respect to the Premises and Hazardous Materials for the purpose of performing such environmental site assessment or environmental audit. In conducting any such assessment or audit, Landlord shall use diligent efforts to minimize any interference with ▇▇▇▇▇▇’s use of or access to the Premises, Building . The cost of any such assessments or Project caused or permitted audits shall be paid by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions Landlord at its sole expense as are necessary to return cost and expense, except Tenant shall pay the Premises, the Building or the Project to the condition existing prior to the introduction cost of any such assessment or audit which indicates that Hazardous Material thereto; provided that Landlord's approval Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesterms of this Lease.

Hazardous Materials. Tenant (a) Co-Manager shall not place, cause or knowingly permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material placed on the Premises, Building other than in the ordinary course of performing its obligations under this Agreement and in compliance with applicable law, any hazardous or Project caused toxic materials or permitted substances, as such terms are defined by Tenant results in contamination federal, state or municipal statutes or regulations promulgated thereunder (collectively, “Hazardous Materials”). If Co-Manager discovers the existence of any Hazardous Materials on the Premises, Co-Manager shall immediately notify Owner. If such Hazardous Materials were placed or knowingly permitted to be placed on the Building Premises by Co-Manager, Co-Manager shall, at its cost, diligently arrange for and complete the immediate removal thereof in accordance with applicable laws and Owner’s directions. Except as expressly provided herein to the contrary, Co-Manager shall not be responsible for any Hazardous Materials present on the Premises prior to the Effective Date hereof, unless deposited thereon by Co-Manager, nor shall Co-Manager be responsible for any Hazardous Materials brought onto the Premises by a person other than Co-Manager, its agents or employees. Co-Manager shall immediately notify Owner of any notice received by Co-Manager from any governmental authority of any actual or threatened violation of any applicable laws, regulations or ordinances governing the Projectuse, storage or if contamination disposal of any Hazardous Materials and shall cooperate with Owner in responding to such notice and correcting or contesting any alleged violation at Owner’s expense. (b) Co-Manager shall provide its employees, agents, consultants, governmental entities and the Premisespublic with any notices or disclosures concerning Hazardous Materials associated with the Premises required to be delivered by Owner or Co-Manager under any applicable laws, including without limitation, any notices or disclosures concerning Hazardous Materials which Co-Manager has received from Owner. Owner shall have the Building right to review such notices and disclosures before their distribution or submission by Co-Manager and shall have the Projectright, but not the obligation, to prescribe the form and content of any such notices or disclosures as long as the form and content prescribed by Owner comply with all applicable laws relating to such notices or disclosures. Owner shall provide Co-Manager with any notices or disclosures concerning Hazardous Material otherwise occurs for which Tenant is legally liable Materials associated with the Premises required to Landlord for damage resulting therefrombe delivered by Owner under any applicable laws. (c) Without limiting any other indemnification obligations provided by law or specified in this Agreement, then Tenant Co-Manager shall indemnify, defend (at Co-Manager’s sole cost and hold Landlord harmless from any expense and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord with legal counsel approved by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, Owner which approval shall not be unreasonably withheld so long withheld) and hold harmless Owner, its members (direct and indirect), officers, agents, employees, lenders and contractors from and against any and all claims, demands, losses, damage, disbursements, liabilities, obligations, fines, penalties, actions, causes of action, suits, costs and expenses, including without limitation, reasonable attorneys’ fees and costs, and all other professionals’ or consultants’ expenses incurred in investigating, preparing for, serving as such actions would not potentially have a witness in, or defending any material adverse long-term action or short-term effect on proceeding, whether actually commenced or threatened, or in removing or remediating any Hazardous Materials on, under, from or about the Premises, Building arising out of or Project relating to, directly or exposes Landlord to indirectly, Co-Manager’s breach of any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesof the terms of this Section 4.10. This indemnity shall survive termination of this Agreement.

Hazardous Materials. Tenant shall (i) not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building or Project the Property by TenantsTenant, its agents, employees, contractors, contractors or invitees, invitees 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project the Property caused or permitted by Tenant directly or indirectly results in contamination of the Premises, the Building or the ProjectProperty, or if contamination of the Premises, the Building or the Project, Property by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Building or the Property, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Building or the Property, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs cost incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the ProjectProperty due to the actions of Tenant, its agents, employees, contractors or invitees. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project the Property caused or permitted by Tenant results in any contamination of the Premises, the Building or the ProjectProperty, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project Property to the condition existing prior to the introduction of any such Hazardous Material theretoto the Building or the Property; provided that Landlord's ’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project the Property. The foregoing indemnity shall survive the expiration or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesearlier termination of the Lease.

Hazardous Materials. Tenant Sublandlord hereby represents that to its knowledge, Sublandlord has not placed or stored materials, substances or waste including, without limitation, asbestos, deemed hazardous, dangerous, toxic or a pollutant pursuant to Applicable Environmental Laws (defined below) (collectively "Hazardous Waste"), on, in or about the Sublease Premises in violation of applicable federal, state or local laws, rules and regulations ("Applicable Environmental Laws"). Sublandlord and Subtenant agree that neither shall not cause or permit any Hazardous Material (as defined below) to be brought upon, keptreleased, stored, treated, disposed of, generated or used in in, on or about the PremisesBuilding, Building the Sublease Premises or Project by Tenantsthe Land, its agents, employees, contractors, or invitees, without any Hazardous Waste in violation of Applicable Environmental Laws except such deminimus quantities normally used in the prior written consent operation of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material their respective businesses provided same is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies compliance with all laws regulating Applicable Environmental Laws. Subtenant shall promptly notify Sublandlord of any such activity or operation to be conducted by Subtenant at the Sublease Premises which involves the use, release, handling, generation, treatment, storage or disposal of any Hazardous Material so brought upon or used or kept Waste. If at any time any Hazardous Waste is found in or about on the PremisesBuilding, Building the Sublease Premises or the Land which was caused by or is the result of actions of Sublandlord, Sublandlord at its sole cost and Projectexpense, shall remediate same to the extent required by and such storage will not create an undue risk to other tenants in accordance with all Applicable Environmental Laws. Sublandlord shall indemnify, defend and hold harmless Subtenant its officers, directors, agents and employees from and against all claims, obligations, demands, actions, proceedings, judgments, loss, damages, liability and all costs (including reasonable attorney fees) that Subtenant may sustain or incur as a result of or on account of the Building and Project, giving consideration to the nature noncompliance of the Project and Building)Sublease Premises with Applicable Environmental Laws caused by Sublandlord's actions. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of at any time any Hazardous Material Waste is found on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Sublease Premises, the Building or the ProjectLand, which was caused by or if contamination is the result of the Premisesactions of Subtenant, the Building or the ProjectSubtenant, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromat its sole cost and expense, then Tenant shall indemnify, defend promptly remove same in accordance with all Applicable Environmental Laws and shall indemnify and hold Landlord harmless Sublandlord, its officers, directors, agents and employees from and against all claims, obligations, demands, actions, proceedings and judgments, loss, damages and liability and any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses costs (other than consequential damagesincluding reasonable attorneys fees) which arise during may be imposed or after the Lease Term which Sublandlord may incur as a result of such contamination. This indemnification or on account of Landlord the noncompliance of the Sublease Premises with Applicable Environmental Laws caused by Tenant includesthe actions of Subtenant, without limitationits employees, agents or contractors or the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions use, treatment, generation, production, manufacture, storage, sale or any cleanup, remedial, removal release or restoration work required by any federal, state, or local governmental agency or political subdivision because disposal of Hazardous Material present in, on, or about Waste on the Premises, Building or Project or in the soil or ground water Sublease Premises on or under after the Subtenant's possession of the Premises or the breach of the covenants contained herein. Notwithstanding anything set forth herein to the contrary, Subtenant shall not be obligated to remove or remediate any Hazardous Waste found on the Sublease Premises, the Building Building, or the ProjectLand which existed prior to its possession of the Sublease Premises. It is Sublandlord's understanding that the Overlandlord removed one 10,000 gallon No. 2 heating oil underground storage tank the ("UST") from the Land on or about 1988. Sublandlord makes no representations with respect to such UST. Without limiting the foregoingimmediately preceding sentence, if Sublandlord makes no representations with respect to the presence of UST removal procedure, any Hazardous Material in, on remediation which Overlandlord may have performed or about the Premises, Building or Project caused or permitted by Tenant results in any contamination condition of the Premises, area surrounding the Building previous location of the UST. The provisions of this Paragraph 31 shall survive the expiration or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction earlier termination of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesthis Sublease.

Hazardous Materials. Tenant shall Owner represents and warrants to Manager that, to Owner’s actual knowledge, the Property is not cause in violation of any federal, state or permit local law, ordinance or regulation relating to any Hazardous Material Materials (as defined below) ); to be brought uponOwner’s actual knowledge, keptthere exists no presence, use, treatment, storage, release or used disposal of any Hazardous Materials at, on or beneath the Property which has created or is likely to create any liability under any current federal, state or local law, ordinance or regulation or which would require reporting to a governmental agency; and to Owner’s actual knowledge, no asbestos or PCBs are contained in or about stored on the PremisesProperty; and there is not and has never been a landfill containing decomposable material, Building petroleum ▇▇▇▇▇, mineral-bearing mines, sewage treatment facilities, storage tanks, sink holes, radon or Project by Tenantsother toxic emissions in, its agents, employees, contractors, on or invitees, without under 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration Property. Notwithstanding anything to the nature of the Project and Building). If Tenant breaches the obligations contrary stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premisesabove, the Building representations and warranties contained in this Section 8.3 expressly exclude any and all matters and items disclosed in any environmental reports, studies or other such documentation delivered by Owner to Manager prior to the Project, or if contamination date of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant this Agreement. Owner shall indemnify, defend and hold Landlord Manager, its officers, directors, employees and agents harmless from any and against all fines, suits, procedures, claims, judgmentsactions, damages, penalties, fines, costs, liabilities, costs or losses expenses whatsoever (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includesincluding, without limitation, attorney and related expenses and sums paid in settlement of claims) arising out of or in any way connected with (i) Owner’s breach or alleged breach of any of the obligation to reimburse Landlord for costs incurred in connection with foregoing environmental representations, or (ii) any investigation alleged or actual release, spill or discharge of site conditions Hazardous Materials on the Property or any cleanupcondition created by or arising from, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project in whole or in part, Hazardous Materials on the soil Property, unless such release, spill, discharge or ground water on condition is caused by the gross negligence or under the Premiseswillful misconduct of Manager. If any such release, the Building spill, discharge or the Project. Without limiting the foregoingother Hazardous Materials condition is caused by Manager’s gross negligence or willful misconduct, if the presence of any Hazardous Material inManager shall, on or about the Premisesat Manager’s sole cost and expense, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all necessary actions at its sole expense as are necessary to return completely remedy the PremisesHazardous Materials condition; provided that, the Building or the Project to the condition existing Owner’s prior to the introduction of approval shall be required before Manager may commence any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtainedremedial action, 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, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practiceswithheld.

Hazardous Materials. Landlord and Tenant shall not cause agree as follows with respect to the existence or permit any use of Hazardous Material (as defined below) to be brought uponMaterials on the Project: A. Any handling, kepttransportation, storage, treatment, disposal or used use of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the PremisesProject shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, Building defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or Project by Tenantsarise in any manner whatsoever out of the use, its agentsstorage, employeestreatment, contractorstransportation, release, or inviteesdisposal of Hazardous Materials (collectively, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in Activity”) on or about the PremisesProject by Tenant or Tenant’s Agents after the Effective Date. The foregoing indemnity does not apply to any Hazardous Material Activity by Landlord or any third parties, Building and Project, and such storage other than Tenant or Tenant’s Agents. Landlord agrees during the Lease Term that Landlord will not create an undue risk to other tenants engage in any Hazardous Material Activity in violation of the Building and Project, giving consideration to the nature of the Project and Building). any Hazardous Materials Laws. B. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material Materials on the Premises, Building or Project caused or permitted by Tenant or Tenant’s Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, levels established as acceptable by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromany governmental agency having jurisdiction over such contamination, then Tenant shall indemnifypromptly take any and all action necessary to investigate and remediate such contamination if required by Law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Project or any part thereof. Tenant shall further be responsible for, defend and shall defend, indemnify and hold Landlord and its agents harmless from any and against all claims, judgmentscosts and liabilities, damages, penalties, fines, including attorneys’ fees and costs, liabilitiesarising out of or in connection with any investigation and remediation required hereunder to return the Project to its condition existing prior to the appearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, or losses and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use small quantities of office supplies and household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other than consequential damages) Hazardous Materials as are necessary for the operation of Tenant’s business of which arise Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during or after the Lease Term as a result Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project, the nature of such contaminationuse, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. This indemnification If Tenant so requests, Landlord shall supply Tenant with copies of Landlord such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in ¶7.2A and/or ¶7.2B. E. As used herein, the term “Hazardous Material,” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term “Hazardous Material,” includes, without limitation, petroleum products, asbestos, PCB’s, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the obligation California Administrative Code, Division 4, Chapter 20, (ii) defined as a “hazardous waste” pursuant to reimburse Landlord for costs incurred in connection with any investigation Section 1004 of site conditions or any cleanupthe Federal Resource Conservation and Recovery Act, remedial, removal or restoration work required by any federal, state42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or local governmental agency or political subdivision because (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response; Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 960 1). As used herein, the term “Hazardous Material present inLaw” shall mean any statute, onlaw, ordinance, or about regulation of any governmental body or agency (including the Premises, Building or Project or in the soil or ground water on or under the PremisesU.S. Environmental Protection Agency, the Building California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or the Project. Without limiting the foregoing, if the presence disposal of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesMaterial.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building or Project Property by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's ’s reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's ’s business and will be used, kept, kept and stored and disposed of in a manner that complies with all laws laws, rules, statutes and ordinances regulating any such Hazardous hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and BuildingProperty). If Tenant breaches the obligations stated above in the preceding sentencethis Paragraph, or if the presence of Hazardous Material on or about the Premises, Building or Project Property caused or permitted by Tenant results in contamination of the Premises, the Building or the ProjectProperty, or if contamination of the Premises, the Building Property or the Project, surrounding area by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Property or the building which is part of the Property, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property, damages arising from any adverse impact on marketing of space in the building, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the term of this Lease Term as a result of such contamination. This indemnification Indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on on, under or under about the Premises, the Building or the ProjectProperty. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project Property caused or permitted by Tenant results in any contamination of the PremisesProperty or surrounding area, or causes the Building Property or the Projectsurrounding area to be in violation of any laws, rules, statutes or ordinances. Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project Property and surrounding area to the condition existing prior to the introduction of any such Hazardous Material theretoMaterial; provided that Landlord's ’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building Property or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicessurrounding area.

Hazardous Materials. Notwithstanding the foregoing, Tenant shall not cause or permit not, without Landlord's prior written consent, take any remedial action in response to the presence of any Hazardous Material Materials on, under or about the Premises or the Project or any other affected real or personal property owned by Landlord or enter into any similar agreement, consent, decree or other compromise with any governmental agency with respect to any Hazardous Materials claims; provided however, Landlord's prior written consent shall not be necessary in the event that the presence of Hazardous Materials on, under or about the Premises or the Project or any other affected real or personal property owned by Landlord (as defined belowi) imposes an immediate threat to be brought uponthe health, keptsafety or welfare of any individual or (ii) is of such a nature that an immediate remedial response is necessary and it is not possible to obtain Landlord's consent before taking such action. To the fullest extent permitted by law, Tenant shall indemnify, hold harmless, protect and defend (with attorneys acceptable to Landlord) Landlord and any successors to all or used any portion of Landlord's interest in the Premises and the Project and any other real or personal property owned by Landlord from and against any and all liabilities, losses, damages, diminution in value, judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, without limitation, attorneys' fees, court costs and other professional expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the use, generation, storage, treatment, release, on- or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Premises, the Building and the Project and any other real or Project personal property owned by TenantsLandlord caused or permitted by Tenant, its agents, employees, contractors, licensees or invitees, specifically including, without limitation, the prior written consent cost of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is any required or necessary repair, restoration, cleanup or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination detoxification of the Premises, the Building and the Project and any other real or personal property owned by Landlord, and the Projectpreparation of any closure or other required plans, whether or if contamination of not such action is required or necessary during the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during Term or after the Lease Term as expiration of this Lease. If Landlord at any time discovers that Tenant or its agents, employees, contractors, licensees or invitees have caused or knowingly permitted the release of a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, under, from or about the Premises, Building Premises or the Project or in any other real or personal property owned by Landlord, Tenant shall, at Landlord's request, immediately prepare and submit to Landlord a comprehensive plan, subject to Landlord's reasonable approval, specifying the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted actions to be taken by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building Premises or the Project or any other real or personal property owned by Landlord to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that required under all applicable environmental laws. Upon Landlord's approval of such actions shall first be obtainedcleanup plan, which approval shall not be unreasonably withheld so long as Tenant shall, at its expense, and without limitation of any rights and remedies of Landlord under this Lease or at law or in equity, immediately implement such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord plan and proceed to any liability therefor and cleanup such actions are undertaken Hazardous Materials in accordance with all applicable laws, rules laws and regulations as required by such plan and accepted industry practicesthis Lease. The provisions of this subsection (e) shall expressly survive the expiration or sooner termination of this Lease.

Hazardous Materials. 45.1 Tenant shall not cause or permit any Hazardous Material (as defined in Subsection 45.3 below) ), other than de minimus quantities for normal office use and cleaning (provided Tenant shall keep at the Premises, at all times, copies of all Material Safety Data Sheets or other written information prepared by manufacturers, importers or suppliers of any chemical and all notices, filings, permits and any other written communications from or to Tenant and any regulating entity, if applicable), to be brought uponbrought, kept, kept or used in or about the Premises, Building or Project by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent . Tenant hereby indemnifies Landlord from and against any breach by Tenant 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable and agrees to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss, damage, cost and/or expenses (including, without limitation, diminution in value of the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, judgmentsattorneys' fees, damagesconsultant fees, penalties, fines, costs, liabilities, or losses (other than consequential damagesand expert fees) which arise during or after the term of this Lease Term as a result of such contaminationbreach. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Projectwhich results from such a breach. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about in the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the ProjectBuilding, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition conditions existing prior to the introduction of any such Hazardous Material theretoto the Building; provided that the Landlord's approval of such actions actions, and the contractors to be used by Tenant in connection therewith, shall first be obtained. Notwithstanding anything to the contrary contained in the foregoing, if there are presently any asbestos ("Hazardous Material") in the Premises which approval are in violation of any applicable law, rule or regulation, Landlord shall not be unreasonably withheld so long as remove, at its sole cost and expense, said Hazardous Material(s) or take such actions would not potentially have any material adverse long-term or short-term effect on steps to make the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance Hazardous Material(s) comply with all applicable laws, rules and or regulations and accepted industry practicesother requirements relating to any Hazardous Materials, which are imposed by any governmental authority ("Requirements") as of the Commencement Date #1 and Commencement Date #2. Supplementing the above, Tenant shall be obligated, at Tenant's own cost and expense, to comply with Requirements relating to Hazardous Material(s) which are hereafter imposed by any governmental authority, insofar as the same affect any materials or improvements installed or made by Tenant to the Demised Premises. Tenant further agrees, however, that in addition to its other obligations set forth herein relating to Hazardous Materials(s), if any, in the Demised Premises, in the event any Tenant's Work causes or results in said Hazardous Materials(s) to be in violation of an applicable law, rule or regulation, Tenant shall immediately remove, at its sole cost and expense, said Hazardous Materials(s) or take such steps to make the Hazardous Materials(s) comply with the applicable law, rule or regulation. 45.2 Notwithstanding any provision in this Lease to the contrary, it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment, or subletting of the Premises if (i) the proposed transferee's anticipated use of the Premises involves the generation, storage, use, treatment, or disposal of Hazardous 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 the property in question; or

Hazardous Materials. Tenant shall not cause or suffer or permit any Hazardous Material (as defined below) Materials to be brought upon, kept, used, discharged, deposited or used leaked in or about the Premises, Building Premises or any other portion of the Project by Tenants, Tenant or any of Tenant's Agents or by anyone in the Premises (other than Landlord or its agents, employeesemployees or contractors), contractors, or invitees, without except to the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that extent such Hazardous Material is necessary Materials are customarily kept or useful to Tenant's business used by typical office tenants or are specifically set forth in Exhibit "D" attached hereto and will be used, are kept, stored used and disposed of in a manner that complies strict compliance with all laws regulating any laws, ordinances and regulations relating to Hazardous Materials. In the event Tenant's business requires the use of Hazardous Materials not listed on Exhibit "D", Tenant shall in advance promptly notify Landlord in writing of the names and approximate quantities of such Hazardous Material so brought upon or used or kept in or about the Premises, Building Materials and Project, and Exhibit "D" shall be deemed amended to include such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)information. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises, Building Premises or any other portion of the Project caused or suffered or permitted by Tenant or any of Tenant's Agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises, the Building Premises or any other portion of the Project, or if contamination of the Premises, Premises or any other portion of the Building or the Project, Project by any Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromliable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or expenses and losses (other than consequential damagesincluding without limitation diminution in value of the Project, damages for the loss of restriction on use of leasable space or of any amenity of the Building or the Project, damages arising from any adverse impact on marketing of space and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includesshall include, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of any Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water groundwater on or under the Premises, the Building Premises or any other portion of the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on the Premises or about any other portion of the Premises, Building or Project caused or suffered or permitted by Tenant or any of Tenant's Agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in any contamination of the Premises, the Building Premises or any other portion of the Project, Tenant shall shall, at its sole cost and expense, promptly take all actions at its sole expense as are necessary to return the Premises, the Building or Premises and all other portions of the Project affected to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.existing

Hazardous Materials. Landlord represents and warrants to Tenant that, to Landlord’s actual knowledge, (i) no leak, spill, discharge, emission or disposal of hazardous or toxic material or substance in a concentration sufficient to be characterized as “hazardous” or “toxic” under local, state or federal environmental law, statute or regulation (“Hazardous Materials”) has occurred on the Premises or the Project in violation of Applicable Laws, except as shall have been fully remediated in full compliance with all Applicable Laws, and (ii) the soil, groundwater, and sewer vapor on or under the Project are free of Hazardous Materials in amounts required to be treated, remediated, or removed pursuant to Applicable Laws as of the date hereof. Tenant shall not cause or permit have any liability for (i) any Hazardous Material brought onto the Premises or the Project prior to the Possession Date unless Tenant brought them (as defined below) to be brought upon, kept“Pre-Commencement Hazardous Material Conditions”), or used in (ii) any effects arising out of or about caused by any such Pre-Commencement Hazardous Material Condition (other than as caused by Tenant), including, without limitation, any contamination or injury to person, property or the Premisesenvironment or any liabilities or costs associated with the investigation, Building removal, remediation, restoration and/or abatement thereof, or of any actual or suspected contamination therein involved, regardless of whether the effects of such Pre-Commencement Hazardous Material Condition are known as of the Possession Date or arise and/or are discovered at any time after the Possession Date. All liabilities relating to any Hazardous Materials which are created or brought onto the Premises or the Project from and after the Possession Date by Tenantspersons, entities or instrumentalities other than Tenant or its agents, employees, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval contractors 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, Building or Project or exposes Landlord to any liability therefor responsibility of Tenant. Landlord’s and such actions are undertaken in accordance with all applicable laws, rules Tenant’s obligations and regulations and accepted industry practicesliabilities under this Article shall survive the termination of this Lease.

Hazardous Materials. Without limiting the foregoing, Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building Premises or Project Complex by TenantsTenant, its agents, employees, contractors, contractors or invitees, in violation of law, without the prior written consent of Landlord (Landlord. Notwithstanding the foregoing, Tenant may use and store types and quantities of materials and substances which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction may be or contain hazardous substances, provided that such Hazardous Material is necessary or useful to Tenant's business the same are of the type and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon the quantities customarily found or used or kept in or about the Premisesoffices for use of similar businesses, Building including without limitation packaging materials, commercial cleaning fluids, paint and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)photocopier fluids. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material Materials on the Premises, Building Premises or Project Complex caused or permitted by Tenant results in illlegal contamination of the Premises, the Building Premises or the ProjectComplex, or if illegal contamination of the Premises, the Building Premises or the Project, Complex by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Premises or Complex, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or Complex, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such illegal contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Projectsubdivision. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building Premises or Project Complex caused by or permitted by Tenant results in any illegal contamination of the Premises, the Building Premises or the ProjectComplex, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building Premises or the Project Complex to the condition existing prior to the introduction of any such Hazardous Material theretoMaterial; provided provided, however, that Landlord's ’s approval of such actions action shall first be obtained. “Hazardous Material” shall mean, which approval shall not in the broadest sense, any petroleum-based products, pesticides, paints, insolvents, polychlorinated, biphenyl, lead, cyanide, DDT, acids, ammonium compounds and other chemical products and any substance or material defined or designated as a hazardous or toxic, or other similar term, by any federal, state or local environmental statute, regulation or ordinance affecting the Premises or Complex presently in effect or that may be unreasonably withheld so long promulgated in the future, as such actions would not potentially have any material adverse long-term statutes, regulations and ordinances may be amended from time to time. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence of hazardous substances or short-term effect materials on the Premises. In all events, Building Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of hazardous materials on the Premises to the extent caused by, or Project resulting from the acts of, Tenant or exposes Landlord to any liability therefor and such actions are undertaken Tenant’s employees, directors, partners, shareholders, contractors, agents, invitees or representatives occurring while Tenant is in accordance with all applicable lawspossession, rules and regulations and accepted industry practicesor elsewhere if caused by Tenant or persons acting under Tenant. The within covenants shall survive the expiration or earlier termination of the lease term.

Hazardous Materials. Tenant shall not cause or permit With respect to any Hazardous Material Materials (as defined below) brought on to be brought upon, kept, or used in or about the Premises, Building or Project by TenantsTenant, Tenant, at its agentssole cost and expense, employees, contractors, or invitees, 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, stored and disposed of in a manner that complies comply with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration relating to the nature storage, use, handling and disposal of the Project and Building). If Tenant breaches the obligations stated in the preceding sentenceany hazardous or toxic substance, chemical, material, or if the presence of Hazardous Material on the Premiseswaste, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Projectpollutant, or if contamination of the Premises, the Building contaminant (including without limitation petroleum hydrocarbons or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend any fraction thereof; and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damagesvolatile organic compounds) which arise during is or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation becomes subject to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by regulation under any federal, state, local and/or municipal law, regulation and/or requirement, or local the directives of any federal, state, local, municipal or other governmental agency agencies with jurisdiction over the Property, or political subdivision because which gives rise to liability under any common law theory regarding the hazardous nature of materials based on impermissible exposure to such materials (collectively, "Hazardous Material Materials"). Hazardous Materials does not mean minor amounts of hazardous or toxic materials which are in compliance with laws and are customarily present in, on, in the operation of the Permitted Use. Tenant shall notify Landlord and provide to Landlord a copy or copies of any environmental entitlements or inquiries related to the Premises. The clean-up and disposal of any Hazardous Materials located or released onto or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premisesor its agents, the Building contractors or the Project, employees shall be performed by Tenant at Tenant's sole cost and expense and shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken performed in accordance with all applicable laws, rules and rules, regulations and accepted industry practicesordinances, pursuant to a site assessment and removal/remediation plan prepared by a licensed and qualified geotechnical engineer and submitted to and approved in writing by Landlord prior to the commencement of any work. The foregoing notwithstanding, Landlord in Landlord's sole and absolute discretion may elect, by not less than twenty-four (24) hours' prior written notice to Tenant (except in the case of an emergency threatening health or safety, in which case no prior notice shall be required), to perform the clean-up and disposal of such Hazardous Materials from the Premises and/or the Project. In the event Landlord performs clean-up and disposal of Hazardous Materials which are Tenant's responsibility hereunder, Tenant shall pay to Landlord the actual, reasonable cost of same upon receipt from Landlord of Landlord's written invoice therefor if such clean-up or disposal is necessary due to Tenant's failure to perform any obligation under this Lease. Notwithstanding any other term or provision of this Lease, Tenant shall permit Landlord or Landlord's agents or employees to enter the Premises at any time, upon not less than twenty-four (24) hours' prior written notice to Tenant (except in the case of an emergency threatening health or safety, in which case no prior notice shall be required), to inspect, monitor and/or take emergency or long-term remedial action with respect to Hazardous Materials on or affecting the Premises or to discharge Tenant's obligations hereunder with respect to such Hazardous Materials when Tenant has failed, after demand by Landlord, to do so. All costs and expenses incurred by Landlord in connection with performing Tenant's obligations hereunder shall be reimbursed by Tenant to Landlord within thirty (30) days of Tenant's receipt of written request therefor.

Hazardous Materials. Except for regular and customary cleaning and office supplies, Tenant shall not cause carry or permit any Hazardous Material (as defined below) to be brought upon, kept, stored or used in or about the Premises, Building or Project Premises by TenantsTenant, its agents, employees, contractors, or invitees, without the prior written consent of Landlord landlord (which Landlord shall not unreasonably withhold as withhold, delay or condition so long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will at all times be used, kept, stored and disposed of in a manner that complies at all times with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and BuildingMaterials). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project Premises caused or permitted by Tenant results in contamination of the PremisesPremises or causes the Premises not to comply with any applicable environmental law, the Building rule, regulation or the Projectordinance, or if contamination of the Premises, the Building or the Project, Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromthere from, then Tenant shall indemnifyhereby indemnifies, defend defends and hold holds Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damagesincluding any sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term of this Lease Term as a result of such contaminationTenant's breach of its obligations under this Section. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material Materials present in, on, on or about the Premises, Building or Project Premises or in the soil or ground water groundwater on or under or around the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material materials in, on or about the Premises, Building or Project Premises caused or permitted by Tenant results in any contamination of the Premises, the Building Premises or the Projectviolation by the Premises of any environmental laws, rules, regulations or ordinances, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project Premises to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval thereto or the violation of any such law. 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, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations regulations, ordinances and accepted industry practices.

Hazardous Materials. Tenant (a) If, in the course of the construction of the Project the Construction Agent discovers Hazardous Materials or underground storage tanks that are not included in the Work pursuant to the Plans and Specifications, and which are not maintained in accordance with all applicable environmental laws and regulations, the Construction Agent shall not cause or permit any Hazardous Material (as defined below) to be brought uponnotify the City promptly and, keptif directed by the City, or used in or about if commercially reasonable under the Premisescircumstances, Building or Project by Tenantsshall stop and cause all contractors and subcontractors to stop the Work. If stopped, its agentssuch Work shall be commenced again only after written notice from the City. All Hazardous Materials that may be discovered shall be maintained, employeesremoved, contractors, or invitees, 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, stored transported and disposed of or otherwise rendered harmless by qualified contractors in a manner that complies accordance with all applicable state and federal environmental laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration regulations. Subject to the nature availability of the Project and Building). If Tenant breaches the obligations stated in the preceding sentencesufficient funds, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanupthe discovery, remedialremoval, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because transportation and disposal of Hazardous Material present inMaterials pursuant to this Section 5.3 shall be included in Allowable Costs, on, or about and the Premises, Building or Project or in Cost Budget shall be revised as appropriate to include the soil or ground water on or under the Premises, the Building or same. (b) The Construction Agent shall not permit a violation of any environmental laws and regulations to exist with respect to the Project. The Construction Agent shall not use or permit to be used all or any portion of the Project for the storage, treatment, use or disposal of any substance for which a license or permit is required by state, federal or local environmental laws and regulations and for which no such license or permit has been obtained. Without limiting limitation express or implied, unless caused by the foregoinggross negligence or willful misconduct of the City or of any employee or agent of the City (other than the Construction Agent), if the Construction Agent shall pay, or cause to be paid, all sums and take, or cause to be taken, all such actions as may be required to avoid or discharge the imposition of any lien on the Project under any environmental law or regulation, and the Construction Agent shall indemnify and save harmless City, or cause the City to be indemnified and saved harmless, from any and all loss, claims, liabilities and expenses (including attorney’s and expert fees) incurred or suffered by City by virtue of the provisions of any environmental law or regulation now or hereinafter in effect or by virtue of the failure of the Construction Agent to comply or cause compliance with any environmental law or regulation now or hereinafter in effect or by virtue of the failure of the Construction Agent to comply with any environmental law or regulation in connection with the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results Materials in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval violation of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term environmental laws or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesregulations.

Hazardous Materials. Tenant CBC, Inc. shall not cause or permit any Hazardous Material (as defined belowhereinafter defined) to be brought upon, kept, kept or used in or about the PremisesLicensed Facilities by CBC, Building or Project by TenantsInc., its agents, principals, employees, contractors, consultants or invitees, invitees without the prior written consent of Landlord (the SBBC’s Center administrator, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary consent may be withheld for any reason whatsoever or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)for no reason at all. If Tenant CBC, Inc. breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on upon the Premises, Building or Project Licensed Facilities caused or permitted by Tenant CBC, Inc. (or the aforesaid others) results in (a) any contamination of the PremisesLicensed Facilities, the Building surrounding area(s), the soil or the Projectsurface or ground water or (b) loss or damage to person(s) or property, or if contamination of the Premises, the Building Licensed Facilities or the Project, surrounding area(s) by Hazardous Material otherwise occurs for which Tenant CBC, Inc. is legally legally, actually or factually liable or responsible to Landlord SBBC (or any party claiming, by through or under SBBC) for damage damages, losses, costs or expenses resulting therefrom, then Tenant CBC, Inc. shall be solely responsible for all costs, expenses and amounts required to remediate, clean up and correct such matter and CBC, Inc. shall further fully and completely indemnify, defend and hold Landlord harmless SBBC (or any party claiming by, through or under SBBC) from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses [including, without limitation: (other than consequential damagesi) diminution in the value of the Licensed Facilities and/or the land on which the Licensed Facilities are located and/or any adjoining area(s) which SBBC owns or in which it holds a property interest; (ii) damages for the loss or restriction on use of rentable or usable space of any amenity of the Licensed Facilities or the land on which the Licensed Facilities are located; (iii) damages arising from any adverse impact on marketing of space; and (iv) any sums paid in settlement of claims, reasonable attorneys and paralegals' fees, (whether incurred in court, out of court, on appeal or in bankruptcy or administrative proceedings) consultants fees and expert fees] which arise during or after the Lease Term term of this License Agreement or any renewal thereof, as a result consequence of such contamination. This indemnification of Landlord SBBC by Tenant CBC, Inc. includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of or site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Licensed Facilities. 2.32.1 Without limiting the foregoing, if the presence of any Hazardous Material inon, on under or about the Premises, Building Licensed Facilities or Project the surrounding area(s) caused or permitted by Tenant CBC, Inc. (or the aforesaid others) results in (a) any contamination of the PremisesLicensed Facilities, the Building surrounding area(s), the soil or the Projectsurface or ground water or (b) loss or damage to person(s) or property, Tenant then CBC, Inc. shall promptly immediately notify SBBC of any contamination, claim of contamination, loss or damage and, after consultation and approval by SBBC, take all actions at its CBC, Inc.’s sole expense as are necessary or appropriate to return the PremisesLicensed Facilities, the Building surrounding area(s) and the soil or the Project surface or ground water to the condition existing prior to the introduction of any such Hazardous Material thereto; provided , such that Landlord's approval the contaminated areas are brought into full compliance with all applicable statutory regulations and standards. The foregoing obligations and responsibilities of CBC, Inc. shall survive the expiration or earlier termination of this License. 2.32.2 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such actions substances, materials and wastes that are or become regulated under any applicable local, state or federal law. "Hazardous Material" includes any and all material or substances which are defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" pursuant to local, state or federal governmental law. "Hazardous substance" includes, but is not restricted to, asbestos, polychlorobiphenyls ("PCB's"), petroleum, any and all material or substances which are classified as "biohazardous" or "biological waste" (as such terms are defined by Florida Administrative Code ("F.A.C.") Chapter 17-712, as amended from time to time), and extremely "hazardous waste" or "hazardous substance" pursuant to federal, state or local governmental law. 2.32.3 SBBC and its agents shall first be obtainedhave the right, which approval but not the duty, to inspect the Licensed Facilities at any time to determine whether CBC, Inc. is complying with the terms of this License Agreement. If CBC, Inc. is not in compliance with this License Agreement, SBBC shall have the right to immediately enter upon the Licensed Facilities to remedy at CBC, Inc.’s expense any contamination caused by CBC, Inc.’s failure to comply, notwithstanding any other provision of this License Agreement. SBBC shall use its best efforts to minimize interference with CBC, Inc.’s operations, but shall not be unreasonably withheld so long as such actions would not potentially have liable for any material adverse longinterference caused thereby. 2.32.4 Any non-term or short-term effect on the Premisescompliance by CBC, Building or Project or exposes Landlord Inc. with its duties, responsibilities and obligations under this Section shall constitute a default of this License Agreement, no notice of any nature from SBBC to any liability therefor and such actions are undertaken in accordance with all applicable lawsCBC, rules and regulations and accepted industry practicesInc. being required.

Hazardous Materials. Tenant shall not cause or knowingly permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the PremisesPremises or the Complex in violation of Applicable Laws by Tenant or its employees, Building or Project by Tenants, its agents, employeescontractors or invitees (collectively, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and BuildingParties"). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnified Parties harmless from and against any and all losses, liability, claims, judgments, damages, penaltiesexpenses and causes of action ("Claims'') that are a direct result of the presence of any Hazardous Materials in, fineson, costsunder or about the Property, liabilitiesany portion thereof, or losses (other than consequential damages) which arise during or after any adjacent property, to the Lease Term as a result of such contaminationextent caused by Tenant Parties. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for includes reasonable costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, governmental or local quasi-governmental agency or political subdivision authority because of the foregoing breach by Tenant which caused Hazardous Material Materials to be present inin the air, onsoil or groundwater above, on or under or about the Premises, Building or Project or Property in a manner that violates Applicable Laws and which was above levels that were present prior to the soil or ground water on or under the Premises, the Building or the ProjectEffective Date hereof. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on on, under or about the PremisesProperty, Building any portion thereof, or Project any adjacent property, which is caused or knowingly permitted by Tenant results in any contamination of the PremisesProperty, the Building any portion thereof or the Projectany adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are reasonably necessary to return the PremisesProperty, the Building any portion thereof or the Project any adjacent property to the its respective condition existing prior to the introduction time of any such Hazardous Material theretocontamination (or, if such mitigation is not practicable, then to such level as is in compliance with Applicable Laws); provided that LandlordL▇▇▇▇▇▇▇'s written approval of such actions action shall first be obtained, which approval Landlord shall not unreasonably withhold. A. Landlord acknowledges that it is not the intent of this Section to prohibit Tenant from operating its business for the use permitted by Section 2. Tenant may operate its business according to the custom of Tenant's industry, which includes the operation of a BSL-2 laboratory, so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, attached Exhibit "E" illustrates the substances the Tenant intends to have in the space during the term of the lease. Tenant agrees (a) this list identifying each type of Hazardous Material is to be present at the Premises that is subject to regulations under any environmental Applicable Laws, and may be updated periodically by Tenant; (b) a list of any and all approvals or permits from governmental or quasi-governmental authorities required in connection with the presence of such Hazardous Material shall be kept at or be made accessible from the Premises, and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be installed in, on, under or about the Property (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all governmental or quasi-governmental authorities for any storage tanks installed in, on, under or above the Property for the closure of any such storage tanks (collectively, "Hazardous Materials Documents") shall be provided to Landlord by Tenant pursuant to the following sentence. Tenant shall deliver to Landlord updated Hazardous Materials Documents (a) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Property, (b) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31st of each year, and (c) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant's business that involve any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (i) the chemical names, (ii) the material state (e.g., solid, liquid, gas or cryogen), (ii) the concentration, (iv) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (v) the use amount and use condition (e.g., open use or closed use), (vi) the location (e.g., room number or other identification) and (vii) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be unreasonably withheld so long as required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Landlord may, at L▇▇▇▇▇▇▇'s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. B. Notwithstanding the provisions of this Section 13, if (a) Tenant or any proposed transferee, assignee, or sublessee of Tenant has been required by any prior landlord, lender, mortgagee, or governmental or quasi-governmental authority to take material remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such actions would party's action or omission or use of the property in question, or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any governmental or quasi-governmental authority in connection with the use, disposal or storage of Hazardous Materials, then Landlord shall have the right to terminate this Lease in Landlord's sole and absolute discretion (with respect to any such matter involving Tenant), and it shall not potentially be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment, or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). C. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, at Landlord's sole cost and expense, to conduct appropriate tests of the Property or any material adverse long-term or short-term effect on portion thereof, including without limitation the Premises, Building to investigate whether Hazardous Materials are present or Project that contamination has occurred due to Tenant or exposes Tenant's employees, agents, contractors or invitees. Notwithstanding the preceding sentence to the contrary, Tenant shall pay all reasonable cost of such test if such test reveals that Hazardous Materials exists at the Property in violation of this Lease. D. During the Term, Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises of which T▇▇▇▇▇ obtains actual knowledge. E. ▇▇▇▇▇▇'s indemnification obligations under this Section shall survive the expiration or earlier termination of the lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any liability therefor such Hazardous Materials, Tenant shall be deemed a holdover tenant and such actions are undertaken in accordance with all applicable lawssubject to the provisions of Section 16 below. F. As used herein, rules and regulations and accepted industry practices.the term "Hazardous Material" means any hazardous or toxic

Hazardous Materials. Without limiting the foregoing, Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building Premises or Project Complex by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent of Landlord (Landlord. Notwithstanding the foregoing, Tenant may use and store types and quantities of materials and substances which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction may be or contain hazardous substances, provided that such Hazardous Material is necessary or useful to Tenant's business the same are of the type and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon the quantities customarily found or used or kept in or about the Premisesoffices for use of similar businesses, Building including packaging materials, commercial cleaning fluids and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)photocopier fluids. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material Materials on the Premises, Building Premises or Project Complex caused or permitted by Tenant results in contamination of the Premises, the Building Premises or the ProjectComplex, or if contamination of the Premises, the Building Premises or the Project, Complex by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Premises or Complex, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or Complex, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Projectsubdivision. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building Premises or Project Complex caused by or permitted by Tenant results in any contamination of the Premises, the Building Premises or the ProjectComplex, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building Premises or the Project Complex to the condition existing prior to the introduction of any such Hazardous Material theretoMaterial; provided provided, however, that Landlord's ’s approval of such actions action shall first be obtained. “Hazardous Material” shall mean, which approval shall not in the broadest sense, any petroleum–based products, pesticides, paints, insolvents, polychlorinated, biphenyl, lead, cyanide, DDT, acids, ammonium compounds and other chemical products and any substance or material defined or designated as a hazardous or toxic, or other similar term, by any federal, state or local environmental statute, regulation or ordinance affecting the Premises or Complex presently in effect or that may be unreasonably withheld so long promulgated in the future, as such actions would not potentially have any material adverse long-term statutes, regulations and ordinances may be amended from time to time. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence of hazardous substances or short-term effect materials on the Premises. In all events, Building Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of hazardous materials on the Premises occurring while Tenant is in possession, or Project elsewhere if caused by Tenant or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicespersons acting under Tenant. The within covenants shall survive the expiration or earlier termination of the lease term.

Hazardous Materials. Landlord represents and warrants to Tenant that Landlord has not received any summons, citation, letter or other communication, whether written or verbal, from any agency or department of any government concerning the presence on the Demised Premises of any Hazardous Materials, and that should any such summons, citation, letter or other communication be received in the future, Landlord shall immediately notify Tenant of the fact and content thereof. In the event it is determined that any action must be taken by Landlord with regard to the presence, whether past, present or future, of any Hazardous Materials on the Demised Premises, Landlord covenants and agrees to take all such actions necessary to promptly bring the Demised Premises into compliance with all applicable laws or regulations and ▇▇▇▇▇ Rent in the event that the Demised Premises is unavailable during such time to bring the Demised Premises into compliance. Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Demised Premises or the Building or Project by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent of Landlord (Landlord, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's ’s reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's ’s business and will be used, kept, kept and stored and disposed of in a manner that complies with all laws laws, rules, statutes and ordinances regulating any such Hazardous Material so brought upon or used or kept in or about the Demised Premises. Tenant shall cause the use and storage of Hazardous Materials brought upon, Building kept or used by Tenant in or about the Demised Premises to comply with all environmental laws, regulations and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)ordinances. If Tenant breaches the obligations stated in the preceding sentence, above or if the presence of Hazardous Material on or about the Premises, Demised Premises or Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Projectcontamination, or if contamination of the Demised Premises, the Building or the Project, surrounding area by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Demised Premises or the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Demised Premises or the Building, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the term of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on on, under or under about the Premises, the Building Demised Premises or the ProjectBuilding. Notwithstanding the foregoing, in no event shall Tenant’s indemnification, liability, or obligations to Landlord extend beyond the limits provided for in Section 768.28, Florida Statutes, as amended, nor shall anything herein be interpreted as a waiver of Tenant’s sovereign immunity or an extension beyond the limits of Section 768.28, Florida Statutes, as amended. Further, such indemnification shall be limited to no more than the negligence attributed to Tenant based on a comparative negligence standard. Additionally, Tenant’s liability for costs and reasonable attorney’s fees shall not alter or waive Tenant’s sovereign immunity or extend Tenant’s liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Demised Premises or the Building or Project caused or permitted by Tenant results in any contamination of the Demised Premises, the Building or surrounding area, or causes the ProjectDemised Premises, the Building or surrounding area to be in violation of any laws, rules, statutes or ordinances, Tenant shall promptly take all actions at its sole expense as are necessary to return the Demised Premises, the Building or the Project and/or surrounding area to the condition existing prior to the introduction of any such Hazardous Material theretoMaterial; provided that Landlord's ’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, the Building or Project surrounding area. Tenant’s obligations hereunder shall survive the termination or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesexpiration of this Lease.

Hazardous Materials. (a) Tenant shall at all times and in all respects comply with all federal, state and local laws, ordinances, rules and regulations (“Hazardous Materials Laws”) relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any Hazardous Materials (as hereinafter defined). (b) Tenant shall not cause or permit any Hazardous Material (as defined below) Materials to be brought upon, kept, stored, generated, treated, manufactured, produced, disposed of, discharged, released, spilled or used in in, on or about the PremisesPremises by Tenant or Tenant’s affiliates, Building or Project by Tenants, its agents, employees, contractors, or invitees, without sublessees or assignees (collectively, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and BuildingParties”). If Tenant or any Tenant Party breaches the obligations stated obligation slated in the preceding sentence, sentence or if the presence of Hazardous Material Materials on the Premises, Building or Project Premises caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromany adjacent property, then Tenant shall indemnify, defend and hold harmless Landlord harmless from and against any and all claims, judgments, actions, damages, penalties, fines, forfeitures, costs, liabilitiesexpenses, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the 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 Premises, the building and/or adjacent property, damages arising from any adverse impact on marketing of the 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 a result of such contaminationbreach. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of any Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Projectand/or adjacent property. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project Premises caused or permitted by Tenant or any of the Tenant Parties results in any contamination of the Premises, the Building or the Projectand/or adjacent property, Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, the Building or the Project and/or adjacent property to the condition existing prior to the introduction of any such Hazardous Material theretoto the Premises, the Building and/or adjacent property; provided that Landlord's approval of such actions shall first be obtained, which approval Tenant shall not be unreasonably withheld take any remedial action in or about the 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 Premises or the Building, without first notifying Landlord of Tenant’s intention to do so long and affording Landlord the opportunity to appear, intervene or otherwise appropriately assert and protect Landlord’s interest with respect thereto. (c) As used in this Lease, the term “Hazardous Material” means any flammable item, explosive, radioactive material, hazardous or toxic substance, material or waste or related materials, including any substance defined as such actions would not potentially or included in the definition of “hazardous substances”, “hazardous wastes”, “infectious wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any federal, state or local laws, regulations or ordinances including, without limitation, oil, petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, chemicals known to cause cancer or reproductive toxicity, asbestos, polychlorinated biphenyls (PCBs) and similar compounds, and including any other products and materials which are subsequently found to have any material adverse long-term or short-term effect effects on the Premisesenvironment or the health and safety of persons, Building Notwithstanding the foregoing, Hazardous Material shall not include cleaning supplies in amounts customarily stored or Project used by a commercial tenant occupying space for office purposes, nor ink or exposes Landlord to any liability therefor and toner in such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesquantities.

Hazardous Materials. 22.1. Tenant shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written . Landlord’s consent of Landlord (which Landlord shall not unreasonably withhold as long as be required for Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary bring, keep or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept use in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of or the Project and Building)Hazardous Materials for the Permitted Use as permitted by Applicable Laws; provided that, if Landlord’s insurance carrier reasonably determines that any such Hazardous Materials pose an unusual risk of damage or injury, Tenant shall obtain such additional insurance coverage as Landlord’s insurance carrier reasonably requests. If Tenant breaches the obligations stated in the preceding sentencesuch obligation, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant Materials as a result of such a breach results in contamination of the Premises, the Building Building, the Project or the Projectany adjacent property, or if contamination of the Premises, the Building Building, the Project or the Project, any adjacent property by Hazardous Material Materials otherwise occurs for which Tenant is legally liable to (other than as caused by Landlord for damage resulting therefromor its agents, employees or contractors) during the Term or any extension or renewal hereof or holding over hereunder, then Tenant shall indemnify, save, defend and hold Landlord Landlord, its agents and contractors harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or liabilities and losses (other than consequential damagesincluding, without limitation, diminution in value of the Premises, the Building, the Project or any portion thereof; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or Project; damages arising from any adverse impact on marketing of space in the Premises, the Building or the Project; and sums paid in settlement of claims, attorneys’ fees, consultants’ fees and experts’ fees) which that arise during or after the Lease Term as a result of such breach or contamination. This indemnification does not apply to any contamination to the extent arising from or relating to the actions, negligence or breach of this Lease of Landlord or its agents, employees or contractors; nor to any contamination present at the Premises prior to the Term Commencement Date (unless caused by Tenant or its agents, employees, contractors or invitees). This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision Governmental Authority because of Hazardous Material Materials present in, on, or about the Premises, Building or Project or in the air, soil or ground water groundwater above, on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on on, under or about the Premises, Building the Building, the Project or Project any adjacent property caused or permitted by Tenant results in any contamination of the Premises, the Building Building, the Project or the Projectany adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, the Building or Building, the Project and any adjacent property to the their respective condition existing prior to the introduction time of any such Hazardous Material theretocontamination; provided that Landlord's ’s written approval of such actions action shall first be obtained, which approval Landlord shall not unreasonably withhold, condition or delay; and provided, further, that it shall be unreasonably withheld so long as reasonable for Landlord to withhold its consent if such actions would not potentially could have any a material adverse long-term or short-term effect on the Premises, the Building or Project the Project. 22.2. Landlord acknowledges that it is not the intent of this Article 22 to prohibit Tenant from operating its business as described in Section 2.7. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or exposes presence of Hazardous Materials is strictly and properly monitored according to Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Term Commencement Date a list identifying each type of Hazardous Material to be present on the Premises and setting forth any liability therefor and all governmental approvals or permits required in connection with the presence of such actions Hazardous Material on the Premises (the “Hazardous Materials List”); provided that Tenant may delay the delivery of the Hazardous Materials List until after the Term Commencement Date, so long as Tenant delivers it to Landlord prior to Tenant commencing business operations at the Premises using Hazardous Materials. Tenant shall deliver to Landlord an updated Hazardous Materials List on or prior to each annual anniversary of the Term Commencement Date and shall also deliver an updated Hazardous Materials List before any new Hazardous Materials are undertaken brought onto the Premises. Tenant shall deliver to Landlord true and correct copies of the following documents (hereinafter referred to as the “Documents”) relating to the handling, storage, disposal and emission of Hazardous Materials prior to the Term Commencement Date or, if unavailable at that time, concurrent with the receipt from or submission to any Governmental Authority: permits; approvals; reports and correspondence; storage and management plans; notices of violations of Applicable Laws; plans relating to the installation of any storage tanks to be installed in or under the Premises, the Building or the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion unless approved as part of the Tenant Improvements); and all closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on or under the Premises, the Building or the Project for the closure of any such storage tanks. Tenant shall not be required, however, to provide Landlord with any portion of the Documents containing information of a proprietary nature that, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Upon Landlord’s written request, Tenant agrees that it shall enter into a written agreement with other tenants of the Building and the Project concerning the equitable allocation of fire control areas (as defined in the Uniform Building Code as adopted by the city or municipality(ies) in which the Project is located (the “UBC”)) within the Building and the Project for the storage of Hazardous Materials. In the event that Tenant’s use of Hazardous Materials is such that it utilizes fire control areas in the Building or the Project in excess of Tenant’s Pro Rata Share of the Building or the Project, as applicable, as set forth in Section 2.2, Tenant agrees that it shall, at its sole cost and expense and upon Landlord’s written request, establish and maintain a separate area of the Premises classified by the UBC as an “H” occupancy area for the use and storage of Hazardous Materials or take such other action as is necessary to ensure that its share of the fire control areas of the Building and the Project is not greater than Tenant’s Pro Rata Share of the Building or the Project, as applicable. 22.3. [Intentionally omitted] 22.4. At any time, and from time to time, prior to the expiration of the Term, subject to Section 15.4, if Landlord has a good faith reasonable belief that there has been a contamination of the Premises, or if required by a Lender, Landlord shall have the right to conduct appropriate tests of the Premises, the Building and the Project to demonstrate whether Hazardous Materials are present or that contamination has occurred due to Tenant or Tenant’s agents, employees or invitees. Unless Landlord has a good faith reasonable belief that there has been a contamination of the Premises by Tenant, said testing shall not occur more than once every two (2) years. Tenant shall not be liable for the costs of any tests required by any Lender, investor or potential purchaser of Landlord’s interest in the Premises and shall not be liable for the costs of Landlord’s testing unless a contamination in violation of Applicable Laws by Tenant is established. Under no circumstances shall Landlord’s testing unreasonably interfere with Tenant’s business operations from the Premises for the Permitted Use. 22.5. If underground or other storage tanks storing Hazardous Materials are located on the Premises or are hereafter placed on the Premises by any party, Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. 22.6. Tenant’s obligations under this Article 22 shall survive the expiration or earlier termination of this Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials, Tenant shall continue to pay Rent in accordance with all applicable lawsthis Lease, rules and regulations and accepted industry practiceswhich Rent shall be prorated daily. 22.7. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. Tenant shall not cause or permit use any Hazardous Material Materials in connection with the Generator Equipment, except that Tenant may use diesel fuel stored in a double walled steel tank (the “Fuel Tank”) contained within the Emergency Generator (the exact location and size of which Fuel Tank shall be approved by Landlord), as defined below) to be brought upon, long as such fuel and Fuel Tank are kept, or maintained and used in accordance with all applicable Laws and the highest safety standards for such use, and so long as such fuel is always stored within the Fuel Tank and is not used or about stored in any area outside of the PremisesEmergency Generator. Tenant shall promptly, at Tenant’s expense, take all investigatory and all remedial action required by applicable laws for the cleanup of any spill, release or other contamination of the Generator Site, the Building and/or the Project to the extent caused by Tenant’s use of the Generator Equipment (including, without limitation, the fuel for the Emergency Generator), or Project pertaining to or involving any such fuel or other Hazardous Materials brought onto the Generator Site during the Lease Term by Tenants, its Tenant or any of Tenant’s agents, employees, contractors, licensees or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, Claims arising out of or losses (other than consequential damages) which arise during involving any Hazardous Materials brought onto the Generator Site by or after the Lease Term as a result of such contamination. This indemnification of Landlord by for Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with Tenant’s activities under this Section 24.30. Tenant’s obligations shall include, but not be limited to, the effects of any investigation of site conditions contamination or injury to person, property or the environment created or suffered by Tenant or any cleanupof Tenant’s agents, remedialemployees, removal licensees or invitees, and the cost of investigation, removal, remediation, restoration work required by any federaland/or abatement, state, and shall survive the expiration or local governmental agency or political subdivision because termination of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesthis Lease.

Hazardous Materials. Tenant Landlord shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, keptkept or used in or about the Building, Project or Tenant's Premises, by Landlord, its agents, employees, or contractors unless such Hazardous Materials are (i) necessary to Landlord's business or for the maintenance, repair or cleaning of the Project and Buildings situated therein, and (ii) will be used, kept and stored in a manner that complies with all Hazardous Material Laws (as defined below). Should Landlord fail to fulfill its obligations as stated herein with regard to Hazardous Materials brought on the Project previously to or during the term of this Lease, Landlord shall indemnify Tenant as set forth in this Section 5.2 except that the references to Landlord and Tenant shall be reversed accordingly. Except for ordinary cleaning and office supply materials, Tenant shall not cause, permit or allow any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, Building or Project and/or Project, by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent of Landlord (which consent Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's Landlord reasonable satisfaction that such Hazardous Material is Materials are necessary or useful to Tenant's business business, and will be used, kept, kept and stored and disposed of in a manner that complies with all laws Hazardous Materials Laws (as defined below) regulating any such Hazardous Material Materials so brought upon or upon, used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). .) If (i) Tenant breaches the obligations any obligation stated in the preceding sentence, or if (ii) the presence of Hazardous Material on Materials in the Premises, Building or Project Premises caused or permitted by Tenant results in contamination of the Premises, the Building, any other Building or in the Project, any structure, system or if improvement in the Project, any soil or water in, on, under or about the Project (collectively, the "Property"), or (iii) contamination of the Premises, the Building or the Project, Property by Hazardous Material Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord and landlord's partners, affiliates, employees, contractors, representatives, lenders, successors and assigns (collectively, the "Indemnified Parties") harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, losses, actions or losses causes of action (including, without limitation, diminution in value of the Premises, the Building, or any other than consequential damagesbuilding in the Project, any structure, system or improvement in the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity, damages arising from any adverse impact on marketing any of the foregoing, and sums paid in settlement of claims, attorneys' fees and costs incurred, consultant fees and expert fees) made, brought or sought against or suffered or incurred by the Indemnified Parties, or any of them, which arise during or after the Term of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary required to return the Premises, the Building or the Project property to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that LandlordMaterials for which Tenant is responsible. Tenant's approval obligations hereunder shall survive the expiration or earlier termination of such actions the Term of this Lease. Tenant and Landlord 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, Building or Project or exposes Landlord to any liability therefor at all times and such actions are undertaken in accordance all respects comply with all applicable federal, state and local laws, rules ordinances and regulations and accepted industry practices.("Hazardous Materials Laws") relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of any oil or petrochemical products, PCB, flammable materials, explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any substances defined as or included in the definition of "Hazardous Materials", "toxic substances" or "chemicals known to the State to cause

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about In the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with event any investigation or ------------------- monitoring of site conditions or any cleanup, remedialcontainment, restoration, removal or restoration other remedial work ("Remedial Work") is required (a) under any applicable federal, state or local law or regulation, (b) by any federaljudicial or administrative order, state(c) in order to comply with any agreements affecting the Property, or local governmental agency or political subdivision because (d) to maintain the Property in a standard of Hazardous Material present in, on, or about environmental condition which prevents the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence release of any Hazardous Materials to adjacent property and otherwise is consistent with the prudent ownership of property of the character of the Property, (e) as a result of the existence of Hazardous Materials on the Property, or (f) as a result of any activities on the Property which directly or indirectly result in the Property becoming contaminated with Hazardous Materials, Developer shall perform or cause to be performed such Remedial Work; provided that, Developer may withhold commencement of such Remedial Work pending resolution of any good faith contest regarding the application, interpretation or validity of any law, regulation, order or agreement, subject to the requirements set forth below. All Remedial Work shall be conducted (i) in a diligent and timely fashion by a licensed environmental engineer, (ii) pursuant to a detailed written plan for the Remedial Work approved by any Governmental Agency with a legal or contractual right to grant such approval, (iii) with such insurance coverage pertaining to liabilities arising out of the Remedial Work as is then customarily maintained with respect to such activities, and (iv) only following receipt of all required permits, licenses or approvals. In addition, Developer shall submit to the Owner promptly upon receipt or preparation, copies of any and all reports, studies, analysis, correspondence, governmental comments or approvals, proposed removal or other Remedial Work contracts and similar information prepared or received by Developer in connection with any Remedial Work or Hazardous Materials relating to the property. All costs and expenses of such Remedial Work shall be paid by Developer (unless it is a Project Cost specifically set forth in the Approved Budget), including, without limitation, the charges of the Remedial Work contractors and the consulting environmental engineer, any taxes or penalties assessed in connection with the Remedial Work and the Owner's reasonable fees and costs incurred in connection with monitoring or reviewing such Remedial Work. In the event Developer should fail to commence or cause to be commenced such Remedial Work, in a timely fashion, or fail diligently to prosecute to completion such Remedial Work, the Owner (following ten days written notice to Developer) may, but shall not be required to, cause such Remedial Work to be performed. All such costs shall be due and payable by Developer ten days after the Owner's demand therefor. Notwithstanding any provision of this Agreement to the contrary, Developer may contest by appropriate action any Remedial Work requirement imposed by any Governmental Agency, and the Owner shall have no right to perform such required Remedial Work on Developer's behalf during the pendency of such contest, provided that (a) no Event of Default has occurred and is continuing, (b) Developer has given the Owner written notice that Developer is contesting or shall contest, and Developer does in fact contest, the application, interpretation or validity of the law, regulation, order or agreement pertaining to the Remedial Work by appropriate legal or administrative proceedings conducted in good faith and with due diligence and dispatch, (c) such contest shall not subject the Owner, any of the Owner's directors, trustees, beneficiaries, officers, shareholders, employees and agents, or any assignee of all or any portion of the Owner's interest in the Property to civil or criminal liability and does not jeopardize any such parties' lien upon or interest in the property, and (d) Developer shall give such security or assurances as may be reasonably required by the Owner to insure ultimate compliance with all legal or contractual requirements pertaining to the Remedial Work (and payment of all costs, expenses, interest and penalties in connection therewith) and to prevent any sale, forfeiture or loss by reason of nonpayment or noncompliance. Developer agrees to immediately notify Owner if Developer becomes aware of (a) any Hazardous Materials or other environmental problem or liability with respect to the Property, or any adjacent property or (b) any lien, action or notice relating to Hazardous Materials and served on Developer or imposed against the Property, as the case may be, by any Governmental Agency. Developer agrees to protect, defend, indemnify and hold Owner harmless from and against all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings (including, without limitation, the cost of any required cleanup of such Hazardous Materials and all reasonable attorneys' fees and expenses incurred by Owner in connection therewith) arising directly or indirectly from or out of, or in any way connected with (a) the inaccuracy of the representations set forth in Section 7.14 and (b) any activities on the Property which directly or indirectly results in the Property or any adjacent and contiguous property becoming contaminated with Hazardous Materials, (c) the discovery of Hazardous Materials on the Property, and (d) the cleanup of Hazardous Materials from the Property. Developer acknowledges that it will be solely responsible for all costs and expenses relating to the cleanup of Hazardous Materials from the Property or from any other properties which become contaminated with Hazardous Material in, as a result of activities on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, Property. Developer's obligations under this Section 8.13 shall survive the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or completion of the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicescontemplated by this Agreement.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building Premises or Project by TenantsTenant, its agents, employees, contractors, contractors or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations obligation stated in the preceding sentenceabove, or if the presence of Hazardous Material Materials on the Premises, Building Premises or Project caused or permitted by Tenant results in contamination of to the Premises, the Building Premises or the Project, or if contamination of the Premises, the Building Premises or the Project, Project by Hazardous Material Materials otherwise occurs for which Tenant is legally liable to Landlord for damage damages resulting therefrom, then Tenant shall be liable and responsible for, without limitation, (i) removal from the Premises and Project of any Hazardous Materials and the cost of such removal; (ii) damages to persons or property in or on the Premises and Project; (iii) claims resulting therefrom; (iv) fines imposed by any governmental agency; and (v) any other liability as provided by law. In addition to the foregoing, Tenant shall indemnify, defend and hold Landlord Landlord, its agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damages) including, without limitation, diminution in value of the Premises and Project or any portion of the real property surrounding the Project (the “Adjacent Property”), damages for the loss or restriction on use of rentable or Rentable space or of any amenity of the Premises and Project, damages arising from any adverse impact on marketing of space in the Project or the Adjacent Property, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees, which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material Materials present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the ProjectProject and arising out of a breach of Tenant’s obligation pursuant to this Section 4.6. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about Materials within the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building Premises or the Project, Tenant shall promptly immediately take all actions actions, at its sole expense expense, as are necessary to return the Premises, the Building or the Premises and Project to the condition existing prior to the introduction of any such Hazardous Material thereto; Material, provided that Landlord's ’s approval of such actions action shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-long term or short-short term effect on the Premises, Building or Project or exposes the Adjacent Property and are permitted by any lender of Landlord to having a first priority lien on the Project. As used herein, the term “Hazardous Materials” or “Hazardous Material” means any liability therefor and such actions are undertaken in accordance with all applicable lawshazardous or toxic substance, rules and regulations and accepted industry practicesmaterial or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government.

Hazardous Materials. Without limiting the foregoing, Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building Premises or Project Complex by TenantsTenant, its agents, employees, contractors, contractors or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material Materials on the Premises, Building Premises or Project Complex caused or permitted by Tenant results in contamination of the Premises, the Building Premises or the ProjectComplex, or if contamination of the Premises, the Building Premises or the Project, Complex by Hazardous Material Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Premises or Complex, damages for the loss or restriction on use of rentable or useable space or any amenity of the Premises or Complex, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Projectsubdivision. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on or about the Premises, Building Premises or Project Complex caused by or permitted by Tenant results in any contamination of the Premises, the Building Premises or the ProjectComplex, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building Premises or the Project Complex to the condition existing prior to the introduction of any such Hazardous Material theretoMaterials; provided provided, however, that Landlord's ’s approval of such actions action shall first be obtained. “Hazardous Materials” shall mean, which approval shall not in the broadest sense, any petroleum-based products, pesticides, paints, solvents, polychlorinated biphenyls, lead, cyanide, DDT, acids, asbestos, urea formaldehyde, 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 Complex presently in effect or that may be unreasonably withheld so long promulgated in the future, as such actions would not potentially have statutes, regulations and ordinances may be amended from time to time, and any material adverse long-term chemical, element or short-term effect molecule which can or will cause pollution or the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law or can create a nuisance, hazard, toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, teratogenic or other dangerous condition on the Premises, Building Premises or Project Complex. Landlord represents and warrants that there are no Hazardous Materials in or exposes Landlord to any liability therefor on the Premises or Complex other than as used in normal operations of the Complex and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.

Hazardous Materials. Tenant shall not cause or permit use any Hazardous Material (Materials in connection with the Liquid Nitrogen Supply Equipment, other than liquid nitrogen contained within the Liquid Nitrogen Tank if the Liquid Nitrogen Tank is installed by Tenant pursuant to the foregoing provisions of this Section 24.32, as defined below) to be brought upon, long as such liquid nitrogen is kept, or maintained and used in accordance with all Applicable Laws and the highest safety standards for such use, and so long as such liquid nitrogen is not used or about stored in any area outside of the PremisesLiquid Nitrogen Tank. Tenant shall promptly, Building at Tenant's expense, take all investigatory and all remedial action required by Applicable Laws and reasonably recommended by Landlord, whether or not formally ordered or required by Applicable Laws, for the cleanup of any spill, release or other contamination of the Liquid Nitrogen Tank Site and/or the Project to the extent caused or contributed to by TenantsTenant's use of the Liquid Nitrogen Supply Equipment (including, its without limitation, the liquid nitrogen for the Liquid Nitrogen Tank), or pertaining to or involving any such liquid nitrogen or other Hazardous Materials brought onto the Liquid Nitrogen Tank Site during the Lease Term by Tenant or any of Tenant's agents, employees, contractors, licensees or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, Claims to the extent arising out of or losses (other than consequential damages) which arise during involving any Hazardous Materials brought onto the Liquid Nitrogen Tank Site by or after the Lease Term as a result of such contamination. This indemnification of Landlord by for Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with Tenant's activities under this Section 24.32. Tenant's obligations shall include, but not be limited to, the effects of any investigation of site conditions contamination or injury to person, property or the environment created or suffered by Tenant or any cleanupof Tenant's agents, remedialemployees, removal licensees or invitees, and the cost of investigation, removal, remediation, restoration work required by any federaland/or abatement, state, and shall survive the expiration or local governmental agency or political subdivision because termination of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesthis Lease.

Hazardous Materials. Landlord and Tenant shall not cause agree as follows with respect to the existence or permit use of Hazardous Materials in, on or about the Project: A. Except as otherwise permitted pursuant to Section 7.2C below, any handling, transportation, storage, treatment, disposal or use of Hazardous Material (as defined below) to be brought upon, kept, or used Materials by Tenant and Tenant’s Agents after the Effective Date in or about the PremisesProject is strictly prohibited. Tenant shall indemnify, Building defend upon demand with counsel reasonably acceptable to Landlord and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or Project by Tenantsarise in any manner whatsoever out of the use, its agentsstorage, employeestreatment, contractorstransportation, release, or invitees, without the prior written consent disposal of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such any Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in Materials on or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if Tenant’s Agents. B. If the presence of any Hazardous Material Materials in, on or about the Premises, Building or Project caused or permitted by Tenant or Tenant’s Agents results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any contamination of the Premisesgovernmental agency having jurisdiction over such contamination, the Building or the Project, then Tenant shall promptly take any and all actions at action necessary to investigate and remediate such contamination if required by Law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Project or any part thereof. Tenant shall further be solely responsible for, and shall defend indemnify and hold Landlord and its sole expense as are necessary Agents harmless from and against, all claims, costs and liabilities, including, without limitation, attorneys’ fees and costs, arising out of or in connection with any investigation and remediation required hereunder to return the Premises, the Building or the Project to the its condition existing prior to the introduction appearance of such Hazardous Materials. C. Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Laws. Tenant may use small quantities of household chemicals such as adhesives, lubricants and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are reasonably necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Material thereto; provided Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. Any such permitted use of Hazardous Materials shall be undertaken by Tenant, at its sole cost and expense, in strict compliance with all Laws (including, without limitation, Hazardous Materials Laws), including, without limitation, the construction of any capital improvements that Landlord's approval may be required by reason of such actions use of Hazardous Materials. At any time during the Lease Term, Tenant shall first within five (5) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant in, on or about the Project, the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be obtainedinstalled on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Materials by the use of such tests as arc then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which approval shall not be unreasonably withheld so long as such actions would not potentially have give rise to liability of Tenant pursuant to its indemnity given in Section 7.2A and/or Section 7.2B. E. As used herein, the term “Hazardous Materials” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States government. The term “Hazardous Materials” includes, without limitation, petroleum products, asbestos, PCB’s, and any material adverse long-or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) deemed as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law(s)” shall mean any statute, law, ordinance, or short-term effect on regulation of any governmental body or agency (including the PremisesU.S. Environmental Protection Agency, Building the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or Project or exposes Landlord to disposal of any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesHazardous Materials.

Hazardous Materials. SECTION 13.01. Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought uponact, kept, or used in or about the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premisesexpense, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance comply with all applicable laws, regulations, rules and regulations orders, regardless of when they become or became effective, including without limitation those relating to health, safety, noise, environmental protection, waste disposal and accepted industry practiceswater and air quality, and furnish satisfactory evidence of such compliance upon request of Landlord, except for any pre-existing conditions. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the leased Property, due to Tenant's use and occupancy thereof, Tenant, at its expense shall be obligated to clean the Property to the satisfaction of Landlord and any governmental body having jurisdiction there over Tenant and landlord agree to indemnify, hold harmless and defend each other against all liability, cost and expense (including without limitation, any fines, penalties, judgments, litigation costs and attorney's fees) incurred by the other party as a result of the other parties breach of this Section 13. Landlord hereby represents and warrants to Tenant that to the best of Landlord's knowledge, neither Landlord, nor to the best of Landlord's knowledge any other person has ever caused or permitted any Hazardous Material to be released from the leased Property, into any water course, body or water, or wetlands and neither has the leased Property ever been used as a treatment, or disposal site for any Hazardous Material. The term "Hazardous Material" means and includes any petroleum products and any hazardous substance or any pollutant or contaminant defined as such (or for purposes of) the Comprehensive Environmental Response Compensation, and Liability Act; any so-called "Superfund" or "Superlien" law; Toxic Substances Control Act; or other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulation, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous wastes, substance or material, as now or at any time hereafter in effect; and asbestos or any substance or compound containing asbestos, PCB's or any other hazardous, toxic or dangerous waste, substance or material (hereinafter collectively referred to as "Environmental Laws").

Hazardous Materials. Tenant (a) Contractor shall not cause not, nor shall it permit or permit allow any Subcontractor to, bring any Hazardous Material (as defined below) to be brought upon, kept, Materials onto the Site or used in or about the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, any Work Area without the Company’s prior written consent of Landlord (which Landlord shall not unreasonably withhold consent; provided, however, that, with prior Notice to Company, Contractor and its Subcontractors may bring onto the Site or any Work Area such Hazardous Materials as are necessary to perform the Work so long as Tenant demonstrates to Landlord's reasonable satisfaction that the transportation, storage and use of such Hazardous Material Materials brought onto the Site or any Work Area is necessary or useful to Tenant's business and will be used, kept, stored and disposed of done in a manner that complies compliance with all laws regulating Applicable Law. Contractor shall remain responsible and liable for all Hazardous Materials so brought onto the Site or relevant Work Area, including the storage, transportation, disposal, and the remediation of any release to the environment of such Hazardous Material so Materials. Contractor (or its applicable Subcontractor) shall be designated as the generator of all such Hazardous Materials brought upon onto the Site or used relevant Work Area on all waste manifests. Contractor shall bear all responsibility and liability for any Hazardous Materials that are brought or kept generated on the Site or any Work Area by any member of Contractor Group, except to the extent a release of such Hazardous Materials is caused by Company’s negligence or willful misconduct. (b) Contractor shall remove from the Site and any Work Area and (in Contractor’s name on its own or about through a Subcontractor) dispose of all Hazardous Materials and non-Hazardous Materials generated at or brought onto the Premises, Building and Project, and such storage will not create an undue risk to other tenants Site or any Work Area by any member of Contractor Group during the performance of the Building and ProjectWork in the appropriate off-Site locations that are permitted to receive such waste, giving consideration except to the nature extent of any release thereof into the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term environment as a result of Company’s negligence or willful misconduct. All such contaminationclean-up and disposal shall be conducted, and the Site and Work Area shall be maintained, by Contractor in accordance with (i) Good Industry Practice, (ii) all Applicable Laws and (iii) any Site reclamation or restoration requirements contained within Permits for the Work. (c) Contractor shall promptly deliver to Company (i) notice of any known, pending or threatened Claim that relates to any disposal or release of any Hazardous Materials or violations of Applicable Law with respect to Hazardous Materials relating to or arising from the performance of the Work, (ii) a description of any verbal communications with a Government Authority regarding any such Claim, and (iii) upon their becoming available, copies of written communications from or to any Government Authority relating to any such Claim. This indemnification Contractor shall provide Company with copies of Landlord all documents that it is required to file or maintain under Applicable Laws, including any Hazardous Materials manifests relating to the Work or the Facility, prior to filing any such documents. (d) If Contractor encounters Existing Hazardous Materials not identified in the Phase 1 Environmental Report or the Phase 2 Environmental Report, in each case, described in Exhibit S (“Unidentified Hazardous Materials”) and if reasonable precautions will be inadequate to prevent foreseeable pollution, damage to the environment, or bodily injury or death to persons resulting from such Unidentified Hazardous Materials, including asbestos or polychlorinated biphenyl (PCB), encountered by Tenant includesContractor, without limitationContractor shall, upon recognizing the obligation condition and, to reimburse Landlord the extent reasonably necessary, promptly notify the Company, avoid or stop (as necessary) work in the affected area and promptly report the condition to Company in writing so that Company may arrange for the containment, removal, or remediation (as applicable) thereof. When any Unidentified Hazardous Material has been removed, contained or otherwise addressed by Company, Work in the affected area may commence or resume (as applicable) upon agreement of the Parties. Contractor shall cooperate as necessary to provide Company with information to enable Company to ensure that the applicable Government Authorities receive all notices of the pre-existing contamination required under Applicable Laws. Contractor is not required to take any actions with respect to Unidentified Hazardous Materials on the Site or any Work Area, unless otherwise agreed upon by the Parties. With respect to delays and costs incurred by Contractor due to such Unidentified Hazardous Materials, Contractor is entitled to a Change to the extent provided 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 of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the ProjectArticle 8. Without limiting the foregoing, if Contractor shall ensure that the presence of identified Existing Hazardous Materials is not exacerbated or disturbed by the Work. (e) Contractor shall properly complete and maintain material safety data sheets (“MSDS”) covering all Hazardous Materials generated at or brought onto the Site or any Hazardous Material in, on or about Work Area by any member of Contractor Group during the Premises, Building or Project caused or permitted by Tenant results in any contamination performance of the Premises, Work. Such MSDS shall be maintained at the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary Site and made available to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesCompany upon reasonable request.

Hazardous Materials. 45.1 Tenant shall not cause or permit any Hazardous Material (as defined in Subsection 45.2 below) to be brought uponbrought, kept, kept or used in or about the Premises, Building or Project by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent . Tenant hereby indemnifies Landlord from and against any breach by Tenant 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable and agrees to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss, damage, cost and/or expenses (including, without limitation, diminution in value of the Project or any portion thereof, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, judgmentsattorneys’ fees, damagesconsultant fees, penalties, fines, costs, liabilities, or losses (other than consequential damagesand expert fees) which arise during or after the Lease Term as a result of such contaminationbreach. This indemnification of Landlord by Tenant also includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Projectwhich results from such a breach. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition conditions existing prior to the introduction of any such Hazardous Material theretoMaterial; provided that the Landlord's ’s approval of such actions actions, and the contractors to be used by Tenant in connection therewith, shall first be obtained. Notwithstanding anything to the contrary contained in the foregoing, if there are presently any asbestos or lead-based paint in the Premises which approval is in violation of any applicable law, rule or regulation or if any work performed by Landlord, if any, causes or results in asbestos to become in violation of any applicable law, Landlord shall not be unreasonably withheld so long as remove, at its sole cost and expense, said asbestos or lead-based paint or take such actions would not potentially have any material adverse long-term or short-term effect on steps to make the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance asbestos comply with all applicable laws, rules or regulations and other requirements relating to any asbestos or lead-based paint, which are imposed by any governmental authority (“Requirements”) as of the Commencement Date. Tenant, however, shall be responsible, at Tenant’s own cost and expense, to comply with Requirements relating to Hazardous Materials that are hereafter imposed by any governmental authority, insofar as the same affect the Demised Premises, Tenant further agrees, however, that in the event any Tenant’s Work performed at anytime (including any initial installation set forth in Exhibit “E” herein) causes or results in said asbestos to be in violation of an applicable law, rule or regulation, Tenant shall immediately remove, at its sole cost and expense, said asbestos or take such steps to make the asbestos comply with the applicable Requirement. 45.2 As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material (including asbestos or asbestos containing material), or waste which is or becomes regulated by any local governmental authority or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined as a “hazardous waste”, “extremely hazardous waste”, or “restricted hazardous waste” or similar term under the law of the jurisdiction where the property is located, or (ii) designated as a “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. ‘1317), (iii) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 47 U.S.S. ‘6901 et seq. (42 U.S.C. ‘ 6903), or (iv) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. ‘9600 et seq. (42 U.S.C. ‘9600). 45.3 As used herein, the term “Laws” means any applicable federal, state, or local laws, ordinances, or regulation relating to any Hazardous Material affecting the Project, including, without limitation, the laws, ordinances, and regulations referred to in Subsection 45.2 above. 45.4 Landlord and accepted industry practicesits employees, representatives and agents shall have access to the Premises during reasonable hours and upon reasonable notice to Tenant in order to conduct periodic environmental inspections and tests of Hazardous Material contamination of the Building.

Hazardous Materials. Tenant shall not cause or permit any Hazardous ------------------- Material (as defined below) to be brought upon, kept, or used in or about the Premises, Building or Project Demised Premises by TenantsTenant, its agents, employees, contractors, contractors or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, Demised Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromas a result of any act or omission on the part of Tenant, its agents, employees, contractors or invitees then Tenant shall indemnify, defend and hold the Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Demised Premises, damages for the loss or restriction on use of rentable or usable space or any amenity of the Demised Premises, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term lease term as a result of such contamination. , This indemnification of Landlord by Tenant obligation to indemnify includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedialremediation, removal removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Demised Premises Without limiting the time foregoing, if the tire presence of any Hazardous Material in, on or about the Premises, Building or Project Demised Premises caused or permitted by Landlord or Tenant results in any contamination of the Demised Premises, then the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project Demised Premises to the condition existing prior to the introduction of any such such' Hazardous Material theretoto the Demised Premises; provided that Landlord's Landlords approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.

Hazardous Materials. (a) Tenant has no liability or responsibility with respect to Hazardous Substances, if any, which were placed or located within the Leased Premises or the Building prior to the Effective Date, but Tenant may not: (1) cause or permit the escape, disposal, or release in the Leased Premises or the Building of any biologically active, chemically active, or hazardous substances or materials (hereafter referred to as “Hazardous Substances”); or (2) bring, or permit or allow any Tenant’s employee to bring, any Hazardous Substances into the Leased Premises or the Building. The term Hazardous Substances includes, but is not limited to, those described in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., the Texas Water Code, the Texas Solid Waste Disposal Act, and other applicable state or local environmental laws and the regulations adopted under those acts. (b) If any lender or governmental agency requires testing to ascertain whether or not a release of Hazardous Substances has occurred in or on the Leased Premises or the Building based on probable cause that a release occurred and was caused by any Tenant or Tenant’s employees, then Tenant shall reimburse the reasonable costs of the testing to Landlord as Rent within thirty (30) days from the date of written notice from Landlord. (c) Tenant shall execute affidavits, representations, and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Substances in the Leased Premises and the Building. (d) Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of Hazardous Substances in or on the Leased Premises or the Building caused or permitted by any Tenant or Tenant’s employees. (e) Landlord may not cause or permit any Hazardous Material (as defined below) to be brought uponthe escape, keptdisposal, or used release in or about the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material inSubstances or bring, on or about knowingly permit any tenant to bring, any Hazardous Substances into the Premises, Building Building. (f) The provisions of this Section 9.05 survive the expiration or Project caused or permitted by Tenant results in any contamination earlier termination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesthis Lease.

Hazardous Materials. Tenant and its Affiliated Parties shall not cause or permit any Hazardous Material (as defined below) to be brought uponmanufacture, keptgenerate, treat, transport, dispose of, release, discharge, or used in store on, under or about the PremisesPremises or the Project (except as reasonably required in the ordinary course of Tenant’s business operations in the Premises or for routine maintenance thereof, Building to the extent used in compliance with applicable laws), any asbestos, petroleum or Project by Tenantspetroleum products, its agentsexplosives, employees, contractorstoxic materials, or inviteessubstances defined as hazardous wastes, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentencehazardous materials, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by hazardous substances under any federal, state, or local governmental agency law or political subdivision because regulation (“Hazardous Materials”). Tenant shall indemnify, hold harmless and defend (with counsel reasonably approved by Landlord) Landlord from and against any claims, damages, penalties, liabilities, and costs (including reasonable attorneys’ fees and expenses and court costs) caused by or arising out of: (i) a violation of Hazardous Material present in, on, the foregoing prohibition by Tenant or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if (ii) the presence of any Hazardous Material Materials on, under, or about the Premises or the Project during the term of the Lease to the extent caused by or arising out of the actions of Tenant or its Affiliated Parties. Tenant shall clean up, remove, remediate and repair any soil or ground water contamination and damage caused by the presence or release of any Hazardous Materials in, on, under or about the Premises or the Project during the term of the Lease to the extent caused by or arising out of the actions of Tenant or its Affiliated Parties, as required by applicable law and subject to Landlord’s prior reasonable approval of the scope of Tenant’s work. Tenant shall immediately give Landlord written notice (i) upon learning of the presence or release of any Hazardous Materials on or about the PremisesPremises or the Project by Tenant, Building or Project caused or permitted by Tenant results in (ii) upon receiving any contamination of notices from governmental agencies pertaining to Hazardous Materials which may affect the Premises, the Building Premises or the Project, or (iii) upon receipt of notice of pending or threatened claims against Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project due to the condition existing presence or release of Hazardous Materials on or about the Premises or the Project. The obligations of both parties hereunder shall survive the expiration or earlier termination of this Lease and the monetary obligations of Tenant shall be deemed Additional Rent payable to and recoverable by Landlord hereunder. At Landlord’s option, any penalties, damages or costs of compliance arising from the presence or release of Hazardous Materials not caused by the acts or omissions of Landlord or its employees, agents or contractors or any other tenant of the Project, may be included within the definition of Operating Expenses and recoverable by Landlord pursuant to Section 7 of this Lease, not to exceed $1,000 per year. Landlord shall indemnify, hold harmless and defend (with counsel reasonably approved by Tenant) Tenant from and against any claims, damages, penalties, liabilities, and costs (including reasonable attorneys’ fees and expenses and court costs) caused by or arising out of the presence or release of Hazardous Materials on or about the Premises or the Project at any time prior to execution of this Lease, or at any time after execution, to the introduction extent arising from the actions or omissions of Landlord, its Affiliated Parties, or any such Hazardous Material thereto; provided that Landlord's approval prior owner of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term the Premises or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesProject.

Hazardous Materials. Tenant shall will not cause store, use or permit dispose of any Hazardous Material (as defined below) to be brought uponhazardous materials, kept, or other than normal cleaning supplies and printer and copier toner typically used in or about the Premisesoffices, Building or Project by Tenants, its agents, employees, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, the Building or Project caused or permitted by the Land. Tenant results in shall not use the Premises for any contamination of use which may give rise to the existence on the Premises, the Building or the ProjectLand of toxic materials, hazardous substances or hazardous waste as those terms are used in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC ss 9601 et seq, as amended, Superfund Amendments and Reauthorization Act of 1986, Resource Conservation and Recover Act of 1976 or in any other Federal, state or local law (and all regulations promulgated under any of same), as such laws are amended from time to time. Tenant shall promptly take will be solely responsible for and will defend, indemnify and hold Landlord and its Agents harmless from and against all actions at claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with Tenant's breach of its sole expense as are obligations under this Section. Tenant will be solely responsible for and will defend, indemnify and hold Landlord and its Agents harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Premises, Premises and any other property of whatever nature located on the Building or the Project Land to the their condition existing prior to the introduction appearance of any such Hazardous Material thereto; provided that LandlordTenant's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect hazardous materials on the Premises. Tenant's obligations under this Section will survive the expiration or earlier termination of this Lease. Landlord hereby agrees to defend, Building indemnify and hold Tenant harmless from and against any and all loss, cost, damage, claim or Project expense (including legal fees) incurred in connection with or exposes Landlord arising out of or relating in any way to any liability therefor and such actions are undertaken the presence of hazardous or toxic materials or oil as of the date hereof in accordance with all applicable laws, rules and regulations and accepted industry practicesor on the Property or the Improvements not caused by Tenant or its agents.

Hazardous Materials. (a) Tenant, at Tenant's expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state, county and municipal authorities pertaining to Tenant's use of the Demised Premises and with the recorded covenants, conditions and restrictions, regardless of when they become effective, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality. Hazardous Materials (as hereinafter defined), waste disposal, air emissions and other environmental matters, all zoning and other land use matters, and utility availability, and with any direction of any public officer or officers, pursuant to law, which shall impose any duty upon Landlord or Tenant with respect to the use or occupation of the Leased Premises. (b) Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building or Project Leased Premises by TenantsTenant, its agents, employees, contractors, contractors or invitees, invitees without the prior written consent of Landlord (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, kept and stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or Or about the Leased Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Material on the Premises, Building or Project Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, Leased Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord o for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, penalties fines, costs, liabilities, liabilities or losses (other than consequential damagesincluding, without limitation, diminution in value of the Leased Premises, damages for the loss or restriction on use of rentable or useable space or of any amenity of the Leased Premises, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorney's fees, consultant fees and expert fees) which arise during or after the Lease Term Terms as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Leased Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project Leased Premises caused or permitted by Tenant results in any contamination of the Leased Premises, the Building or the Project, . Tenant shall promptly take all actions at its sole expense as are necessary to return return' the Premises, the Building or the Project Leased Premises to the condition existing prior to the introduction of any such Hazardous Material thereto; to the Leased Premises, provided that Landlord's approval of such actions shall first be obtained. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. (c) As used herein, which approval shall not be unreasonably withheld so long the term "Hazardous Material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as such actions would not potentially have defined in or pursuant to the Resource conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean Water Act, as amended, or any material adverse long-term other federal, state or short-term effect on local environmental law, regulation, ordinance, rule, or bylaw, whether existing as of the Premisesdate hereof, Building previously enforced or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicessubsequently enacted.

Hazardous Materials. Tenant LESSEE shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about the Premises, Building or Project by TenantsLESSEES, its agents, employees, contractors, or invitees, without the prior written consent of Landlord LESSOR (which Landlord LESSOR shall not unreasonably withhold as long as Tenant demonstrates LESSEE demonstartes to Landlord's LESSOR'S reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's LESSEE'S business and will be used, kept, stored and disposed of by LESSEE in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants LESSEES of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant LESSEE breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant LESSEE is legally liable to Landlord LESSOR for damage resulting therefrom, then Tenant LESSEE shall indemnify, defend and hold Landlord LESSOR harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damagesincluding, without limitation, diminution in value of the Premises, the Building or the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, the Building or the Project, damages arising from any adverse impact on marketing of space in the Building or the Project, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord LESSOR by Tenant LESSEE includes, without limitation, the obligation to reimburse Landlord LESSOR for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or on permitted by Tenant LESSEE results in any contamination of the Premises, the Building or the Project, Tenant LESSEE shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's LESSOR'S approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord LESSOR to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.

Hazardous Materials. Tenant shall not cause or knowingly permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the PremisesPremises or the Complex in violation of Applicable Laws by Tenant or its employees, Building or Project by Tenants, its agents, employeescontractors or invitees (collectively, contractors, or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and BuildingParties”). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnified Parties harmless from and against any and all losses, liability, claims, judgments, damages, penaltiesexpenses and causes of action ("Claims") that are a direct result of the presence of any Hazardous Materials in, fineson, costsunder or about the Complex, liabilitiesany portion thereof, or losses (other than consequential damages) which arise during or after any adjacent property, to the Lease Term as a result of such contaminationextent caused by Tenant Parties. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for includes reasonable costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, governmental or local quasi-governmental agency or political subdivision authority because of the foregoing breach by Tenant which caused Hazardous Material Materials to be present inin the air, onsoil or groundwater above, on or under or about the Premises, Building or Project or Complex in a manner that violates Applicable Laws and which was above levels that were present prior to the soil or ground water on or under the Premises, the Building or the ProjectEffective Date hereof. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on on, under or about the PremisesComplex, Building any portion thereof, or Project any adjacent property, which is caused or knowingly permitted by Tenant results in any contamination of the PremisesComplex, the Building any portion thereof or the Projectany adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are reasonably necessary to return the PremisesComplex, the Building any portion thereof or the Project any adjacent property to the its respective condition existing prior to the introduction time of any such Hazardous Material theretocontamination (or, if such mitigation is not practicable, then to such level as is in compliance with Applicable Laws); provided that Landlord's written approval of such actions action shall first be obtained, which approval Landlord shall not unreasonably withhold. A. Landlord acknowledges that it is not the intent of this Section to prohibit Tenant from operating its business for the use permitted by Section 2. Tenant may operate its business according to the custom of Tenant's industry, which includes the operation of a BSL-2 laboratory, so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, attached Exhibit "E" illustrates the substances the Tenant intends to have in the space during the term of the lease. Tenant agrees (a) this list identifying each type of Hazardous Material is to be present at the Premises that is subject to regulations under any environmental Applicable Laws, and may be updated periodically by Tenant; (b) a list of any and all approvals or permits from governmental or quasi-governmental authorities required in connection with the presence of such Hazardous Material shall be kept at or be made accessible from the Premises, and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be installed in, on, under or about the Complex (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all governmental or quasi-governmental authorities for any storage tanks installed in, on, under or above the Complex for the closure of any such storage tanks (collectively, "Hazardous Materials Documents") shall be provided to Landlord by Tenant pursuant to the following sentence. Tenant shall deliver to Landlord updated Hazardous Materials Documents (a) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Complex, (b) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31st of each year, and (c) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant's business that involve any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (i) the chemical names, (ii) the material state (e.g., solid, liquid, gas or cryogen), (ii) the concentration, (iv) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (v) the use amount and use condition (e.g., open use or closed use), (vi) the location (e.g., room number or other identification) and (vii) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be unreasonably withheld so long as required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Landlord may, at Landlord's expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. B. Notwithstanding the provisions of this Section 14, if (a) Tenant or any proposed transferee, assignee, or sublessee of Tenant has been required by any prior landlord, lender, mortgagee, or governmental or quasi-governmental authority to take material remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such actions would party's action or omission or use of the property in question, or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any governmental or quasi-governmental authority in connection with the use, disposal or storage of Hazardous Materials, then Landlord shall have the right to terminate this Lease in Landlord's sole and absolute discretion (with respect to any such matter involving Tenant), and it shall not potentially be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment, or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). C. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, at Landlord’s sole cost and expense, to conduct appropriate tests of the Complex or any material adverse long-term or short-term effect on portion thereof, including without limitation the Premises, Building to investigate whether Hazardous Materials are present or Project that contamination has occurred due to Tenant or exposes Tenant's employees, agents, contractors or invitees. Notwithstanding the preceding sentence to the contrary, Tenant shall pay all reasonable cost of such test if such test reveals that Hazardous Materials exists at the Complex in violation of this Lease. D. During the Term, Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises of which Tenant obtains actual knowledge. E. Tenant's indemnification obligations under this Section shall survive the expiration or earlier termination of the lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any liability therefor such Hazardous Materials, Tenant shall be deemed a holdover tenant and such actions are undertaken in accordance with all applicable lawssubject to the provisions of Section 17 below. F. As used herein, rules and regulations and accepted industry practicesthe term "Hazardous Material" means any hazardous or toxic substance, material or waste that is or becomes regulated by any governmental or quasi-governmental authority.

Hazardous Materials. Tenant has inspected the Premises and to the best of both parties' knowledge there is not currently located in, on, upon, over, or under the Premises any Hazardous Materials. However, if any pre-existing contamination exists or is discovered during the term of this Lease, City shall promptly remove said substance(s) in accordance with Environmental Laws at City's sole cost and expense ("Environmental Remediation"). Tenant may temporarily discontinue program operations, or work in good faith with City to identify a temporary location for said program during a period of remediation. Tenant shall not use, maintain, store or dispose of any contaminants including, but not limited to, Hazardous Materials or toxic substances, chemicals or other agents used or produced in Tenant's operations, on the Premises or any adjacent land in violation of Environmental Laws. Furthermore, Tenant shall not cause or permit the Release of Hazardous Materials upon the Premises or upon adjacent lands in violation of Environmental Laws and shall operate and occupy the Premises in compliance with all Environmental Laws. For purposes hereof, Hazardous Materials shall mean any Hazardous Material (hazardous or toxic substance, material, waste of any kind, petroleum product or by-product, contaminant or pollutant as defined below) or regulated by Environmental Laws. Release shall mean the release, storage, use, handling, discharge or disposal of such Hazardous Materials. Environmental Laws shall mean any applicable federal, state or local laws, statues, ordinances, rules, regulations or other governmental restrictions. Any Disposal of a Hazardous Material, in violation of Environmental Laws, whether by Tenant or any third party, shall be reported to City immediately upon the knowledge thereof by ▇▇▇▇▇▇. Tenant shall be brought uponsolely responsible for the entire cost of the Environmental Remediation as a result of any Release of Hazardous Materials in violation of Environmental Laws disposed upon the Premises or emanating from the Premises onto adjacent lands, keptas a result of the use and occupancy of the Premises by Tenant, or used in or about the Premises, Building or Project by Tenants, its Tenant's agents, employeeslicensees, contractors, or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as subcontractors or employees. Tenant demonstrates hereby agrees to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless City from and against any and all claims, suits, judgments, damagesloss, penaltiesdamage, finesfines or liability which may be incurred by City, costsincluding reasonable attorney's fees and costs at trial and on appeal, liabilitieswhich may arise directly, indirectly or losses (other than consequential damages) which arise during or after the Lease Term proximately as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building violation or the Project. Without limiting the foregoing, if the presence Release of any Hazardous Material inMaterials upon the Premises or violation of Environmental Laws. ▇▇▇▇▇▇'s responsibility hereunder shall continue and apply to any violation hereof, on whether the same is discovered during the term hereof or about otherwise. While this provision establishes contractual liability of Tenant, it shall not be deemed to eliminate or diminish any statutory or common law liability of Tenant. In the Premises, Building or Project caused or permitted by Tenant results event of any Release of Hazardous Materials upon the Premises in any contamination violation of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing Environmental Laws and such Release did not occur prior to the introduction Commencement Date and is not the result of any such Hazardous Material thereto; provided that Landlordthe use and occupancy of the Premises by Tenant, or Tenant's approval agents, licensees, invitees, subcontractors or employees, but is caused by a third-party or source unconnected to the Lease, then the Environmental Remediation shall, be deemed to be, and treated in all respects, as an Emergency Capital Repair pursuant to the provisions of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.Section

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about the Premises, Building or Project by Tenants, Neither Permittee nor its agents, employees, contractors, Permittee's, sub- permittees, assignees, concessionaires or inviteesinvitees shall use, without the prior written consent handle, store or dispose of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such any Hazardous Material is necessary or useful to Tenant's business and will be usedMaterials in, kepton, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in under or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)Permit Area. If Tenant Permittee breaches the obligations stated in the preceding sentenceforegoing restriction, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs Permittee shall be solely responsible for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant and shall indemnify, defend and hold Landlord Port and City, their officers, employees and agents, harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or liabilities and losses (other than consequential damagesincluding, without limitation, diminution in valuation of the Permit Area, and sums paid in settlement of claims and for attorneys' fees, consultant fees and expert fees) which arise during or after the Lease Term term of this Permit as a result of any contamination directly or indirectly arising from the activities which are the basis for such contaminationbreach. This indemnification of Landlord Port and City by Tenant Permittee includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of or site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Projectwork. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant Permittee shall promptly take all actions actions, at its sole expense cost and expense, as are necessary to return the Premises, the Building or the Project Permit Area to the condition existing prior to the introduction of any such Hazardous Material thereto; Material, provided that LandlordPort's approval of such actions shall first be obtainedobtained and Permittee shall fully cooperate in connection with any such clean-up, which approval restoration or other work, at Permittee's sole costs and expense. Furthermore, Permittee shall not be unreasonably withheld so long as such actions would not potentially immediately notify Port of any inquiry, test, investigation or enforcement proceeding by or against Permittee or the Permit Area concerning the presence of any Hazardous Material. Permittee acknowledges that Port, at Port's election, shall have the sole right, at Permittee's expense, to negotiate, defend, approve and appeal any material adverse long-term action taken or short-term effect on the Premises, Building or Project or exposes Landlord order issued by any governmental authority with regard to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesHazardous Material contamination which Permittee is obligated hereunder to remediate. Permittee's obligations under this Paragraph 12 shall survive termination of this Permit.

Hazardous Materials. 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 Regulation. Tenant shall not cause cause, or permit allow any of Tenant’s Parties to cause, any Hazardous Material (as defined below) Materials to be brought upon, kept, or used in or about the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, 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, keptgenerated, stored and or disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in on or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the ProjectProject or surrounding land or environment in violation of any Regulations. Notwithstanding the foregoing, or if contamination Tenant may handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, the Building Building, or Project or the Project, by Hazardous Material otherwise occurs for Project of which Tenant is legally liable becomes aware, whether or not caused by Tenant. Except to Landlord for damage resulting therefromthe extent covered by Landlord’s indemnification obligations pursuant to Paragraph 8B(6), then Tenant shall indemnify, defend defend, protect and hold Landlord harmless from any and against all claims, judgments, damages, penalties, fines, costs, liabilities, losses, costs and expenses (including attorney’s and consultant’s fees), demands against all liabilities, losses, costs and expenses (including attorneys’ and consultants’ fees), demands, causes of action, claims or losses (other than consequential damages) which arise during judgments directly or after indirectly arising out of the Lease Term as a result use, generation, storage, release, or disposal of such contamination. This indemnification of Landlord Hazardous Materials by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material tenant’s Parties in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project or surrounding land or environment, which indemnity shall include, without limitation, damages for personal or bodily injury, property damage, damage to the condition existing environment Or natural resources occurring on or off Premises, losses attributable to diminution in value or adverse effects on marketability, the cost of any investigation, monitoring, government oversight, repair, removal, remediation restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the introduction expiration or earlier termination of any such this Lease. Neither the consent by Landlord to the use, generation, storage, release or disposal of Hazardous Material thereto; provided that Landlord's approval Materials nor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant’s obligation of such actions indemnification pursuant to this Paragraph 4.D. Tenant’s obligations pursuant to the foregoing indemnity shall first be obtained, survive the expiration or earlier termination of this Lease. Tenant agrees to provide Landlord with the following (i) a Hazardous Materials Management Plan (“HMMP”) 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 includes the types and quantities of’ Hazardous Materials used and/or stored on the Premises, Building and; (ii) copies of tiny other documents related to Hazardous Materials submitted to the City of Hayward or any other regulatory agencies. Landlord shall indemnify defend and hold Tenant its affiliates their respective directors. officers employees and agents harmless from and against any and all claims, judgements damages penalties fines costs liabilities or losses and attorneys fees arising out of any Hazardous Material in on or about the Project or exposes the Premises which was created handled placed stored used. transported of disposed of by Landlord. excluding however, any Hazardous Material whose presence was caused by Tenant or its affiliates or their respective agents. Landlord represents and warrants that the attached Compliance and Closure report dated March 14, 1996 (Exhibit C) is the most recent report obtained by Landlord concerning Hazardous Materials with respect to the Project To the best of Landlord’s knowledge, Landlord is unaware of any liability therefor and such actions are undertaken presence of any Hazardous Materials on the Project that is in accordance with all violation of applicable laws, rules and regulations and accepted industry practices.

Hazardous Materials. 22.1. Tenant shall not cause or (during the Lease Term) permit any Hazardous Material Materials (as defined below) to be brought upon, kept, kept or used in or about the Premises, Building Premises or the Project in violation of Applicable Laws by TenantsTenant, its agents, employees, contractors, contractors or invitees, 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentencesuch obligation, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant Materials as a result of such a breach results in contamination of the Premises, the Building Premises or the ProjectProject or any adjacent property, or if contamination of the Premises, the Building Premises or the Project, Project or any adjacent property by Hazardous Material Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromduring the Term of this Lease or any extension or renewal hereof or holding over hereunder, then Tenant shall indemnify, save, defend and hold Landlord Landlord, its agents and contractors harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or liabilities and losses (other than consequential damagesincluding, without limitation, diminution in value of the Premises or the Project or any portion thereof; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or Project; damages arising from any adverse impact on marketing of space in the Premises or the Project; and sums paid in settlement of claims, attorneys’ fees, consultants’ fees and experts’ fees) which that arise during or after the Lease Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for 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 governmental agency or political subdivision Governmental Authority because of Hazardous Material Materials present in, on, or about the Premises, Building or Project or in the air, soil or ground water groundwater above, on or under the Premises, Premises during the Building Term or the Projectdue to Tenant’s breach of this Lease. Without limiting the foregoing, if the presence of any Hazardous Material Materials in, on on, under or about the Premises, Building Premises or the Project or any adjacent property caused or permitted by Tenant results in any contamination of the Premises, the Building Premises or the ProjectProject or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, the Building Premises or the Project and any adjacent property to the their respective condition existing prior to the introduction time of any such Hazardous Material theretocontamination; provided that Landlord's ’s written approval of such actions action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be unreasonably withheld so long as reasonable for Landlord to withhold its consent if such actions would not potentially could have any a material adverse long-term or short-term effect on the Premises, Building Premises or Project the Project. This Section 22.1 shall be subject to the terms of Article 44. 22.2. Landlord acknowledges that it is not the intent of this Article 22 to prohibit Tenant from operating its business as described in Section 2.7. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or exposes presence of Hazardous Materials is strictly and properly monitored according to Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Term Commencement Date a list identifying each category of Hazardous Material to be present on the Premises and setting forth any liability therefor and all governmental approvals or permits required in connection with the presence of such actions Hazardous Material on the Premises (the “Hazardous Materials List”). Tenant’s current Hazardous Materials List is attached to this Lease as Exhibit G. Tenant shall deliver to Landlord an updated Hazardous Materials List on or prior to each annual anniversary of the Term Commencement Date and shall deliver updated Hazardous Materials Lists to Landlord when required to give the same to any Governmental Authority. Tenant shall deliver to Landlord true and correct copies of the following documents (hereinafter referred to as the “Documents”) relating to the handling, storage, disposal and emission of Hazardous Materials prior to the Term Commencement Date or, if unavailable at that time, concurrent with the receipt from or submission to any Governmental Authority: permits; approvals; reports and correspondence; storage and management plans; notices of violations of Applicable Laws; plans relating to the installation of any storage tanks to be installed in or under the Premises or the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion); and all closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on or under the Premises or the Project for the closure of any such storage tanks. Tenant shall not be required, however, to provide Landlord with any portion of the Documents containing information of a proprietary nature that, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Upon Landlord’s written request, Tenant agrees that it shall enter into a written agreement with other tenants of the Project concerning the equitable allocation of fire control areas (as defined in the Uniform Building Code as adopted by the city or municipality(ies) in which the Project is located (the “UBC”)) within the Project for the storage of Hazardous Materials. In the event that Tenant’s use of Hazardous Materials is such that it utilizes fire control areas in the Project in excess of Tenant’s Pro Rata Share of the Project as set forth in Section 2.2, Tenant agrees that it shall, at its sole cost and expense and upon Landlord’s written request, establish and maintain a separate area of the Premises classified by the UBC as an “H” occupancy area for the use and storage of Hazardous Materials or take such other action as is necessary to ensure that its share of the fire control areas of the Project is not greater than Tenant’s Pro Rata Share of the Project. 22.3. Notwithstanding the provisions of Section 22.1, if Tenant or any transferee, assignee or sublessee is subject to an enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials at the Project and the condition triggering such enforcement order affects other tenant premises or materially affects the Project (or any portion thereof) or the use thereof, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any such matter involving Tenant). Further if Tenant or any proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take remedial action in connection with Hazardous Materials contaminating a property as a result of such party’s action or failure to act or use of the property in question, then Landlord may reasonably refuse to consent to a proposed transfer, assignment or sublease to such person. 22.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right to conduct appropriate tests of the Premises or the Project to demonstrate that Hazardous Materials are undertaken present or that contamination has occurred due to Tenant or Tenant’s agents, employees or invitees. Tenant shall pay all reasonable costs of such tests of the Premises if the tests disclose that Tenant has failed to comply with its obligations under this Article 22. 22.5. If underground or other storage tanks storing Hazardous Materials are hereafter placed on the Premises by Tenant, Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. 22.6. Tenant’s obligations under this Article 22 shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials, Tenant shall continue to pay Rent in accordance with all applicable lawsthis Lease, rules and regulations and accepted industry practiceswhich Rent shall be prorated daily. Nothing in this Article 22, however, shall create any liability on the part of Tenant for any Hazardous Materials present at or about the Project prior to the Term Commencement Date, which emanate onto the Project or Premises from outside the Project or Premises, or which were introduced to the Project or Premises by Landlord, its employees, contractors, agents or representatives, unless to the extent caused by Tenant or its agents, employees or contractors. 22.7. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. Tenant shall not cause or suffer or permit any ------------------- Hazardous Material (as defined below) Materials to be brought upon, kept, used, discharged, deposited or used leaked in or about the Premises, Building Premises or any other portion of the Project by TenantsTenant or any of Tenant's Agents or by anyone in the Premises (other than Landlord or Landlord's contractors, its subcontractors, agents, employeesservants or employees (collectively, contractors, or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to "Landlord's reasonable satisfaction that Agents")), except to the extent such Hazardous Material is necessary Materials are customarily kept or useful to Tenant's business used by typical office tenants and will be used, in connection with data center uses and are kept, stored used and disposed of in a manner that complies strict compliance with all laws regulating any such laws, ordinances and regulations relating to Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)Materials. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises, Building Premises or any other portion of the Project caused or suffered or permitted by Tenant or any of Tenant's Agents or by anyone in the Premises (other than Landlord or Landlord's Agents) results in contamination of the Premises, the Building Premises or any other portion of the Project, or if contamination of the Premises, Premises or any other portion of the Building or the Project, Project by any Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefromliable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or expenses and losses (other than consequential damagesincluding without limitation diminution in value of the Project, damages for the loss of restriction on use of leasable space or of any amenity of the Building or the Project, damages arising from any adverse impact on marketing of space and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includesshall include, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of any Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water groundwater on or under the Premises, the Building Premises or any other portion of the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on the Premises or about any other portion of the Premises, Building or Project caused or suffered or permitted by Tenant or any of Tenant's Agents or by anyone in the Premises (other than Landlord or Landlord's Agents) results in any contamination of the Premises, the Building Premises or any other portion of the Project, Tenant shall shall, at its sole cost and expense, promptly take all actions at its sole expense as are necessary to return the Premises, the Building or Premises and all other portions of the Project affected to the condition existing prior to the introduction of any such Hazardous Material thereto; to the Premises or other portions of the Project, provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as if such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building Premises or any other portion of the Project. Nothing in this Section 9.4 shall impose any obligation or liability upon Tenant whatsoever with respect to Hazardous Materials except to the extent introduced to the Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable lawspart thereof by Tenant, rules and regulations and accepted industry practicesany of Tenant's Agents or any of Tenant's customers, vendors or other invitees.

Hazardous Materials. The parties agree as follows with respect to the existence or use of hazardous material on the Premises: A. Tenant shall have no obligation to “clean up”, to comply with any law regarding, or to reimburse, release, indemnify, or defend Landlord with respect to any hazardous materials or wastes which Tenant or other parties on the Premises did not store, dispose, or transport in, use, or cause or permit any Hazardous Material (as defined below) to be brought uponon the Premises in violation of applicable law during the term of this Lease. Any handling, kepttransportation, storage, treatment, disposal or used use of hazardous materials by Tenant or other parties in or about the Premises, Building or Project by TenantsPremises during the term of this Lease shall strictly comply with all applicable laws and regulations. Tenant will be 100 percent liable and responsible for any and all “clean up” of said toxic waste and/or hazardous materials contamination which Tenant, its agents, employeesor future subtenants, contractorsif any, does store, dispose, or inviteestransport in, without use or-cause to be on the prior written consent Premises in violation of Landlord applicable law or governing agency(s) (or which Landlord shall originate on the Premises during the term of this Lease from any manner whatsoever, including but 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 limited to, dumping by others), and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to indemnify Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claimsliabilities, judgments, damages, penalties, finesdemands, costs, liabilitiesexpenses and damages, or losses (other than consequential damages) which arise during or after the Lease Term including attorney fees incurred as a result of any claims resulting from such contamination. This indemnification , or from any claims for personal injury or property damage or diminution in the value of Landlord the Premises caused by the use, storage, disposal or transportation of hazardous materials on the Premises by Tenant includesor other parties during the term of this Lease. It is agreed that the Tenant’s responsibilities related to toxic waste and hazardous materials will survive the termination date of the Lease. Tenant agrees to complete compliance with governmental regulations regarding use or removal or remediation of Hazardous Materials used, stored, disposed, transported or caused to be on the Premises by Tenant or its agents or subtenants, or which originate on the Premises during the term of this Lease, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate city agency. Tenant also agrees to install such toxic waste and/or hazardous materials monitoring devices as Landlord reasonably deems necessary to monitor any use of hazardous materials by Tenant, its agents or subtenants, originating from the Premises during the Lease term, if recommended by a qualified environmental consulting firm. B. Landlord hereby makes the following representations to Tenant, each of which is made only to the best of Landlord’s knowledge as of the date Landlord executes this Lease, without limitationany inquiry or investigation having been made or required by Landlord regarding this subject, the nor does Landlord have any obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions investigate 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, on, or about make inquiry regarding the Premises, Building or Project or in the subject: (1) The soil or and ground water on or under the Premises does not contain hazardous materials in amounts which violate any laws to the extent that any governmental entity could require either Landlord or Tenant to take any remedial action with respect to such hazardous materials. (2) During the time that Landlord has owned the Premises, Landlord has received no notice of (i) any violation, or alleged violation, of any law that has not been corrected to the Building or satisfaction of the Project. Without limiting the foregoingappropriate authority, if (ii) any pending claims relating to the presence of any Hazardous Material in, hazardous material on or about the Premises, Building or Project caused or permitted (iii) any pending investigation by Tenant results in any governmental agency concerning the Premises relating to hazardous materials. C. Landlord [Illegible] received from any governmental authority concerning hazardous materials which relates to the Premises, and (ii) any contamination of the Premises by hazardous materials which constitutes a violation of any law. Attached as Exhibit “C”, hereto is a list of hazardous materials that Tenant intends to use at the Premises, . If during the Building or Lease term Tenant proposes to use other hazardous materials at the ProjectPremises, Tenant shall promptly take inform Landlord of such use, identifying the hazardous materials and the manner of their use, storage and disposal, and shall agree (i) to use, store and dispose of such materials strictly in compliance with all actions laws and (ii) that the indemnity set forth in paragraph 45A shall be applicable to Tenant’s use of such material. D. Landlord or Tenant may, at its sole expense as are necessary any time, cause testing w▇▇▇▇ to return be installed on the Premises, and may cause the Building ground water to be tested to detect the presence of hazardous material by the use of such tests as are then customarily used for such purposes. Testing w▇▇▇▇ installed by Tenant shall be paid for by Tenant. If tests conducted by Landlord disclose that Tenant has violated any hazardous materials laws, or Tenant or parties on the Project Premises during the term of this Lease have contaminated the Premises as determined by regulatory agencies pursuant to hazardous materials laws, or that Tenant has liability to Landlord pursuant to paragraph 45A, then Tenant shall pay for 100% of the cost of the test and all related expense. Prior to the expiration of the Lease term, Tenant shall remove any testing w▇▇▇▇ it has installed at the Premises, and return the Premises to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval installation of such actions shall first w▇▇▇▇, unless Landlord requests in writing that Tenant leave all or some of the testing w▇▇▇▇ in which instance the w▇▇▇▇ requested to be obtained, which approval left shall not be unreasonably withheld so long as such actions would not potentially have removed. E. If any material adverse long-term tests performed by Tenant or short-term effect on Landlord prior to the Commencement Date disclose hazardous materials at the Premises, Building Landlord at its expense will promptly take all reasonable action required by law with respect to the existence of such materials at the Premises. The Commencement Date shall not be delayed because of such action by Landlord unless occupation of the Premises is prohibited by law. F. The obligations of Landlord and Tenant under this Paragraph 45 shall survive the expiration or Project or exposes earlier termination of the term of this Lease. The rights and obligations of Landlord and Tenant with respect to any liability therefor and such actions issues relating to hazardous materials are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesexclusively established by this Paragraph 45.

Hazardous Materials. (a) Tenant shall not cause or permit any Hazardous Material (as defined in Subparagraph (c) below) to be brought uponbrought, kept, kept or used in or about the Premises, Premises or the Building or Project by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent . Tenant hereby indemnifies Landlord from and against any breach by Tenant 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable and agrees to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss, damage, cost and/or expense (including, without limitation, diminution in value of the building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, judgmentsattorneys' fees, damagesconsultant fees, penalties, fines, costs, liabilities, or losses (other than consequential damagesand expert fees) which arise during or after the term of this Lease Term as a result of such contaminationbreach. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal removal, or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Projectwhich results from such a breach. Without limiting the foregoing, if the presence of any Hazardous Material in, on in the Premises or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building Premises or the ProjectBuilding, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building Premises or the Project Building, as appropriate, to the condition existing prior to the introduction of any such Hazardous Material theretoMaterial; provided that Landlord's approval of such actions actions, and the contractors to be used by Tenant in connection therewith, shall first be obtained, which approval . (b) It 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, Building or Project or exposes unreasonable for Landlord to withhold its consent to any liability therefor and proposed transfer, assignment, or subletting of the Premises if (i) the proposed transferee's anticipated use of the Premises involves the generation, storage, use, treatment, or disposal of Hazardous 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 are undertaken or use of the property in accordance with all applicable laws, rules and regulations and accepted industry practices.question; or

Hazardous Materials. Tenant, Tenant’s affiliates, or Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively, “Tenant’s Parties”) shall not cause or permit any Hazardous Material strictly comply with all applicable Environmental Laws (as defined below) and Applicable Laws pertaining to be the transportation, storage, use or disposal of Hazardous Materials (defined below), for all Hazardous Materials generated, produced, brought upon, keptused, stored, treated or used disposed of in or about or on the Building, including obtaining proper permits. Tenant and Tenant’s Parties shall promptly notify Landlord in writing of the violation of any Environmental Law. After the Effective Date, Landlord, any insurance carrier, and any lender that holds a security interest in the Property or this Lease shall have the right, but not the obligation, at its sole cost and expense to inspect, investigate, sample and/or monitor the Premises, Building including any air, soil, water, groundwater or Project other sampling, and any other testing, digging, drilling or analyses, at any time to determine whether Tenant is complying with the terms of this Article 15, and in connection therewith, Tenant shall, subject to the Article 14 above, provide Landlord with access to all relevant facilities, records and personnel. In the event Tenant is default of any of the provisions of this Article 15, such tests indicate the presence of any environmental condition (defined below) caused or exacerbated by Tenants, its agents, employees, contractorsTenant or any Tenant Party or arising during Tenant’s or any other Tenant’s Party’s occupancy, or inviteesLandlord or any such insurance carrier or lender reasonably believes Tenant may be in default of any of the provisions of this Article 15, Tenant agrees to pay to remediate or clean-up any such default along with the reasonable cost of any such environmental inspection or assessment to the extent that such inspection or assessment pertains to any release, threat of release, contamination, claim of contamination, loss or damage or determination of condition (together, “Environmental Incidents”) in the Premises, other than in connection with Environmental Incidents arising prior to the date Tenant occupies the Premises for the conduct of its business or migrating to the Premises from some other part of the Buildings through no fault, act or omission of Tenant. Except for the above grade tanks approved by Landlord as part of Exhibit G or the Initial Tenant’s Work, Tenant shall not install, operate or maintain any above or below grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on the Property without the Landlord’s prior written consent which may be withheld in its reasonable discretion. As used herein, the term “Environmental Laws” means all statutes, Applicable Laws, rules, regulations, codes, ordinances, standards, guidelines, authorizations and orders of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates federal, state and local public authorities pertaining to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and ProjectHazardous Materials or to environmental compliance, giving consideration contamination, cleanup or disclosures of any release or threat of release to the nature environment, of the Project and Building). If Tenant breaches the obligations stated in the preceding sentenceany hazardous or toxic substances, wastes or if the presence of Hazardous Material on the Premisesmaterials, Building any pollutants or Project caused contaminants which are included under or permitted regulated by Tenant results in contamination of the Premisesany municipal, the Building county, state or the Projectfederal statutes, Applicable Laws, rules, regulations, codes, ordinances, standards, guidelines, authorizations or if contamination of the Premisesorders, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includesincluding, without limitation, the obligation Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act, 42 U.S.C. § 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300f-300j, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1321, et seq.; the Solid Waste Disposal Act, 42 U.S.C. § 6901, et seq.; the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq.; the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Superfund Amendments and Reauthorization Act of 1986, Public Law No. 99-499 (signed into law October 17, 1986); M.G.L. c.21C; and oil and hazardous materials as defined in M.G.L. c.21E, as any of the same are from time to reimburse Landlord for costs incurred in connection with time amended, and the rules and regulations promulgated thereunder, and any investigation of site conditions judicial or administrative interpretation thereof, including any cleanupjudicial or administrative orders or judgments, remedial, removal or restoration work required by any and all other federal, statestate and local statutes, Applicable Laws, rules, regulations, codes, ordinances, standards, guidelines, authorizations and orders regulating the generation, storage, containment or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence disposal of any Hazardous Material inMaterials, on including but not limited to those relating to lead paint, radon gas, asbestos, storage and disposal of oil and hazardous wastes, substances and materials, and underground and above-ground oil storage tanks; and any amendments, modifications or about the Premises, Building or Project caused or permitted by Tenant results in supplements of any contamination of the Premisesforegoing. The term “Hazardous Materials” means and includes any substance, the Building hazardous waste, environmental substances, oil, petroleum products and any waste or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtainedsubstance, 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, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices.because of its quantitative

Hazardous Materials. 45.1 Tenant shall not cause or permit any Hazardous Material (as defined in Section 45.3 below) to be brought uponbrought, kept, kept or used in or about the Premises, Building or Project by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent . Tenant hereby indemnifies Landlord from and against any breach by Tenant 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, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable and agrees to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss, damage, cost and/or expenses (including, without limitation, diminution in value of the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, judgmentsattorneys' fees, damagesconsultant fees, penalties, fines, costs, liabilities, or losses (other than consequential damagesand expert fees) which arise during or after the terms of this Lease Term as a result of such contaminationbreach. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Projectwhich results from such a breach. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about in the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the ProjectBuilding, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition conditions existing prior to the introduction of any such Hazardous Material theretoMaterials to the Building; provided that the Landlord's approval of such actions actions, and the contractors to be used by Tenant in connection therewith, shall first be obtained. 45.2 Notwithstanding any provision in this Lease to the contrary, which approval it 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, Building or Project or exposes unreasonable for Landlord to withhold its consent to any liability therefor and proposed transfer, assignment, or subletting of the Premises if (i) the proposed transferee's anticipated use of the Premises involves the generation, storage, use, treatment, or disposal of Hazardous 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 are undertaken or use of the property in accordance with all applicable laws, rules and regulations and accepted industry practices.question; or

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of Hazardous Material (as defined below) in or on the Premises, the Building, the Land and/or the Project. (a) Tenant, at its sole cost and expense, shall comply with all laws, statutes, ordinances, rules and regulations of any local, state or federal governmental authority having jurisdiction concerning environmental, health and safety matters (collectively, “Environmental Laws”), including, but not limited to, any discharge into the air, surface, water, sewers, soil or groundwater of any Hazardous Material (as defined in Article 29.11(c)), whether within or outside the Premises within the Building or on the Land. Tenant shall comply with all terms, conditions and guidelines contained in Tenant’s Massachusetts Water Resources Authority (“MWRA”) permit and agrees to acknowledge such agreement to so comply in writing upon request of Landlord and shall provide Landlord (and any applicable governmental authority) with a detailed description and guidelines of laboratory operating conditions pursuant to the MWRA permit. 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) for which the Landlord is responsible pursuant to the terms of this Lease, or (ii) which existed within the Premises, the Building or the Land prior to the date Tenant takes possession of the Premises, or enters into the Premises, if earlier; 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 Legal Requirements and Environmental Laws (including applicable zoning and 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 so-called “control area” therein) pertaining to the transportation, storage, use or disposal of such Hazardous Materials. Tenant is required to adhere to and comply with the allowable quantities of Hazardous Materials that are allocated to them by the Landlord’s flammable matrix, from time to time (the current version of which is attached hereto as Exhibit 13-A). Prior to bringing any Hazardous Materials onto the Premises, Building or Land, Tenant shall obtain Landlord’s prior written approval (which express approval may be by email) of a list of proposed Hazardous Materials and quantities, which approval shall not be unreasonably withheld, conditioned or delayed (as to Hazardous Materials and quantities which fall within said flammable matrix), and Tenant shall thereafter obtain Landlord’s prior written approval (which express approval may be by email) of any new Hazardous Materials or Hazardous Materials in excess of the quantities previously approved. (b) Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, kept or used in or about the Premises, Premises or otherwise in the Building or Project on the Land by TenantsTenant, its agents, employees, contractors, contractors or invitees, without the prior written consent of Landlord (Landlord, except for Hazardous Materials which Landlord shall not unreasonably withhold are typically used in the operation of offices or laboratories, including the Permitted Use as long as Tenant demonstrates to Landlord's reasonable satisfaction stated in Exhibit 1, provided that such Hazardous Material is necessary or useful to Tenant's business and will be usedmaterials are stored, kept, stored used and disposed of in a manner that complies strict compliance with all laws regulating applicable Environmental Laws and with generally accepted scientific and medical practice and protocols, and the terms and conditions of this Lease. Within five (5) days of Landlord’s request, Tenant shall provide Landlord with a list of all Hazardous Materials, including quantities used and such other information as Landlord may reasonably request, used by Tenant in the Premises or otherwise in the Building. Notwithstanding the foregoing, with respect to any such of Tenant's Hazardous Material so brought which Tenant does not properly handle, store or dispose of in compliance with all applicable Environmental Laws and generally accepted scientific and medical practice and protocols Tenant shall, upon or used or kept in or about written notice from Landlord, no longer have the Premises, Building and Project, and right to bring such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of material into the Premises, the Building or the ProjectLand until Tenant has demonstrated, to Landlord's reasonable satisfaction, that Tenant has implemented programs to thereafter properly handle, store or if contamination dispose of the Premisessuch material. (c) As used herein, the Building term “Hazardous Material”" means any hazardous or the Projecttoxic substance, material or waste or petroleum derivative which is or becomes regulated by any Environmental Laws, specifically including live organisms, viruses and fungi, Medical Waste, and so-called “biohazard” materials. The term "Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant Material" includes, without limitation, any material or substance which is (i) designated as a "hazardous substance" pursuant to Section 1311 of the obligation Federal Water Pollution Control Act (33 U.S.C. Section 1317), (ii) defined as a “hazardous waste” pursuant to reimburse Landlord for costs incurred Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903), (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601), (iv) defined as "hazardous substance" or "oil" under Chapter 21E of the General Laws of Massachusetts, or (v) a so-called “biohazard” or Medical Waste, or is contaminated with blood or other bodily fluids; and "Environmental Laws" include, without limitation, the laws listed in connection with any investigation the preceding clauses (i) through (iv). The term “Medical Waste” shall mean the types of site conditions or any cleanup, remedial, removal or restoration work required by medical waste described in any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results in any contamination of the Premises, the Building or the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and any similar type of waste. Tenant shall not cause or permit any Medical Waste to be brought, kept or used in or about the Premises or the Project by Tenant, its employees, agents, contractors or invitees except in strict compliance with all applicable Environmental Laws and with generally accepted industry scientific and medical practice and protocols. Tenant shall comply with all applicable and appropriate laboratory biosafety level criteria, requirements and recommendations including specific “BSL” limitations, standards, practices, safety equipment and facility requirements for the applicable BSL level pursuant to the Centers for Disease Control and otherwise consistent with generally accepted scientific and medical practice and protocols (and in no event shall Tenant’s use or occupancy involve activities that would qualify or be characterized or categorized as BSL 3 or BSL 4. Information can be found at: h▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇/publications/bmbl5/bmbl5_sect_iv.pdf.

Hazardous Materials. Tenant Client shall not cause use or permit any Hazardous Material (flammable materials such as defined below) to be brought uponb▇▇▇▇▇▇, kepttissue paper, crepe paper, or other flammable items for decorations; and all other materials used in or about for decorative purposes must be treated with flame‑proofing and approved by the PremisesCity's Fire Department. In addition, Building or Project by Tenants, its agents, employees, contractors, or inviteesClient shall not, without the prior written consent of Landlord the Director, put up or operate any engine or motor at the Facility or use oils, burning fluids, camphene, kerosene, naphtha, gasoline, or any other flammable chemical, for mechanical or any other purposes, or any agent other than electricity for illuminating any part of the Facility. Subject to the foregoing, Client shall restrict the use of Hazardous Materials at the Facility to those kinds of materials in small quantities that would be normally expected in conducting the activities permitted under this Agreement. Such Hazardous Materials shall only be used in a safe and prudent manner and Client shall take all necessary precautions to prevent releases of Hazardous Materials. Under no circumstances shall Client store, dispose or permit storage or disposal of any Hazardous Materials at the Facility. Client shall comply with all federal, state, and local laws, ordinances, and regulations concerning environmental laws and Hazardous Materials (which Landlord including, without limitation, City's Hazardous Materials Management Program), and Client shall not unreasonably withhold as long as Tenant demonstrates be responsible for reporting any Hazardous Material releases to Landlordthe appropriate public agencies. Client shall immediately notify the Director of any release. At Client's reasonable satisfaction that sole cost and expense, any release of a Hazardous Material or danger of release of a Hazardous Material shall be corrected immediately. At the sole discretion of City, City may close the Facility without abatement for fees due to City, until such release or danger of release of a Hazardous Material is necessary or useful to Tenant's business removed. Client shall be solely and will be used, kept, stored fully responsible and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises, Building or Project caused or permitted by Tenant results in contamination of the Premises, the Building or the Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend indemnify and hold Landlord City harmless from any and against all claimsloss, judgmentsdamage, damages, penalties, fines, costs, liabilities, or losses liability (other than including all foreseeable and unforeseeable consequential damages) which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includesand expense (including, without limitation, the obligation cost of any required clean‑up and remediation of the Hazardous Materials) arising as a result of the presence or clean‑up of Hazardous Materials at the Facility caused in whole or in part by Client. Client's obligations under this Section shall survive the expiration or earlier termination of this Agreement. As used herein, the term "Hazardous Material" shall mean any substance or material which has been determined by any state, federal or local government authority to reimburse Landlord for costs incurred be capable of posing risk of injury to health, safety, or property including all of those materials and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the California Water Quality Control Board, the U.S. Department of Labor, the California Department of Industrial Relations, the California Department of Health Services, the California Health and Welfare Agency in connection with any investigation the Safe Water and Toxic Enforcement Act of site conditions 1986, the U.S. Department of Transportation, the U.S. Department of Agriculture, the U.S. Consumer Product Safety Commission, the U.S. Department of Health, Education and Welfare, the U.S. Food and Drug Administration or any cleanup, remedial, removal or restoration work required by any federal, state, or local other governmental agency now or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or hereafter authorized to regulate materials and substances in the soil or ground water on or under the Premises, the Building or the Projectenvironment. Without limiting the generality of the foregoing, if the presence term "Hazardous Material" shall include all of any Hazardous Material in, on or about the Premises, Building or Project caused or permitted by Tenant results those materials and substances defined as "Toxic Materials" in any contamination Sections 66680 through 66685 of Title 22 of the PremisesCalifornia Code of Regulations, Division 4, Chapter 30, as the Building or the Project, Tenant same shall promptly take all actions at its sole expense as are necessary be amended from time to return the Premises, the Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Building or Project or exposes Landlord to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicestime.

Hazardous Materials. Tenant ELC shall not cause or permit any Hazardous Material (as defined belowhereinafter defined) to be brought upon, kept, kept or used in or about the Premises, Building or Project Leased Facilities by TenantsELC, its agents, principals, employees, contractors, consultants or invitees, invitees without the prior written consent of Landlord (the SBBC’s site administrator, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary consent may be withheld for any reason whatsoever or useful to Tenant's business and will be used, kept, stored and disposed of in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises, Building and Project, and such storage will not create an undue risk to other tenants of the Building and Project, giving consideration to the nature of the Project and Building)for no reason at all. If Tenant ELC breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on upon the Premises, Building or Project Leased Facilities caused or permitted by Tenant ELC (or the aforesaid others) results in (a) any contamination of the PremisesLeased Facilities, the Building surrounding area(s), the soil or the Projectsurface or ground water or (b) loss or damage to person(s) or property, or if contamination of the Premises, the Building Leased Facilities or the Project, surrounding area(s) by Hazardous Material otherwise occurs for which Tenant ELC is legally legally, actually or factually liable or responsible to Landlord SBBC (or any party claiming, by through or under SBBC) for damage damages, losses, costs or expenses resulting therefrom, then Tenant ELC shall be solely responsible for all costs, expenses and amounts required to remediate, clean up and correct such matter and ELC shall further fully and completely indemnify, defend and hold Landlord harmless SBBC (or any party claiming by, through or under SBBC) from any and all claims, judgments, damages, penalties, fines, costs, liabilities, liabilities or losses [including, without limitation: (other than consequential damagesi) diminution in the value of the Leased Facilities and/or the land on which the Leased Facilities are located and/or any adjoining area(s) which SBBC owns or in which it holds a property interest; (ii) damages for the loss or restriction on use of rentable or usable space of any amenity of the Leased Facilities or the land on which the Leased Facilities are located; (iii) damages arising from any adverse impact on marketing of space; and (iv) any sums paid in settlement of claims, reasonable attorneys and paralegals' fees, (whether incurred in court, out of court, on appeal or in bankruptcy or administrative proceedings) consultants fees and expert fees which arise during or after the term of this Lease Term Agreement or any renewal thereof, as a result consequence of such contamination. This indemnification of Landlord SBBC by Tenant ELC includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of or site conditions or any cleanupclean-up, remedial, removal or restoration work required by any federal, state, state or local governmental agency or political subdivision because of Hazardous Material present in, on, or about the Premises, Building or Project or in the soil or ground water on or under the Premises, the Building or the Project. Leased Facilities. 2.34.1 Without limiting the foregoing, if the presence of any Hazardous Material inon, on under or about the Premises, Building Leased Facilities or Project the surrounding area(s) caused or permitted by Tenant ELC (or the aforesaid others) results in (a) any contamination of the PremisesLeased Facilities, the Building surrounding area(s), the soil or the Projectsurface or ground water or (b) loss or damage to person(s) or property, Tenant then ELC shall promptly immediately notify SBBC of any contamination, claim of contamination, loss or damage and, after consultation and approval by SBBC, take all actions at its ELC’s sole expense as are necessary or appropriate to return the PremisesLeased Facilities, the Building surrounding area(s) and the soil or the Project surface or ground water to the condition existing prior to the introduction of any such Hazardous Material thereto; provided , such that Landlord's approval the contaminated areas are brought into full compliance with all applicable statutory regulations and standards. The foregoing obligations and responsibilities of ELC shall survive the expiration or earlier termination of this Lease Agreement. 2.34.2 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such actions substances, materials and wastes that are or become regulated under any applicable local, state or federal law. "Hazardous Material" includes any and all material or substances which are defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" pursuant to local, state or federal governmental law. "Hazardous substance" includes, but is not restricted to, asbestos, polychlorobiphenyls ("PCB's"), petroleum, any and all material or substances which are classified as "biohazardous" or "biological waste" (as such terms are defined by Florida Administrative Code ("F.A.C.") Chapter 17-712, as amended from time to time), and extremely "hazardous waste" or "hazardous substance" pursuant to federal, state or local governmental law. 2.34.3 SBBC and its agents shall first be obtainedhave the right, which approval but not the duty, to inspect the Leased Facilities at any time to determine whether ELC is complying with the terms of this Lease Agreement. If ELC is not in compliance with this Lease Agreement, SBBC shall have the right to immediately enter upon the Leased Facilities to remedy at ELC’s expense any contamination caused by ELC’s failure to comply, notwithstanding any other provision of this Lease Agreement. SBBC shall use its best efforts to minimize interference with ELC’s operations, but shall not be unreasonably withheld so long as such actions would not potentially have liable for any material adverse longinterference caused thereby. 2.34.4 Any non-term or short-term effect on the Premisescompliance by ELC with its duties, Building or Project or exposes Landlord responsibilities and obligations under this Section shall constitute a default of this Lease Agreement, no notice of any nature from SBBC to any liability therefor and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practicesELC being required.