Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; and

Hazardous Materials. Tenant acknowledges that Landlord represents and warrants thathas agreed to make the existing Phase I Environmental Assessment Report, if any, available to Tenant upon Tenant’s prior written request. Tenant acknowledges that Landlord may incur costs (a) for complying with laws, codes, regulations or ordinances relating to Hazardous Materials, or (b) otherwise in connection with Hazardous Materials including, without limitation, the best of Landlord's knowledge as of the date of this Lease following: (i) there does not exist Hazardous Materials present in soil or ground water, (ii) Hazardous Materials that migrate, flow, percolate, diffuse or in any leakway move onto or under the Building, spill, release, (iii) Hazardous Materials present on or under the Building as a result of any discharge, emissions dumping or disposal of Hazardous Materials spilling (whether accidental or otherwise) on the Lot (including Building by other tenants of the Building to be located thereon)or their agents, employees, contractors or invitees, or by others, and (iiiv) material which becomes Hazardous Materials due to a change in laws, codes, regulations or ordinances which relate to hazardous or toxic material, substances or waste. Tenant agrees that the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materialscosts incurred by Landlord with respect to, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary connection with, the Building for Landlord complying with laws, codes, regulations or ordinances relating to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on be an Operating Expense, unless the Lot or (apart from DE MINIMIS amounts cost of such materials used compliance, as between Landlord and Tenant, is made the responsibility of Tenant under this Lease. Notwithstanding the foregoing, Tenant shall not be responsible for cleaning and maintenance purposes any costs or expenses incurred in connection with the operation of loading docksany loss or injury caused by (A) the Building as result presence of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or Hazardous Materials existing on the Building prior to the Effective Date of this Lease, or (excluding all portions thereof leased or leasable to tenantsB) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery the release of any Hazardous Materials on the Premises and Building by Landlord. To the extent any such Operating Expense relating to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises is subsequently recovered or in the Park caused directly by the negligent acts reimbursed through insurance, or gross misconduct recovery from responsible third parties, or other action, Tenant shall be entitled to a proportionate share of Landlord. In no event shall Landlord be obligated such Operating Expense to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts such recovery or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andreimbursement relates.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease (i) there does 20.1. Tenant shall not exist cause or permit any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)brought upon, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified kept or used in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring about the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify the Property by Tenant immediately upon discovery or any of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseesinvitees (collectively with Tenant, each a “Tenant Party”). The covenants Notwithstanding the foregoing, Tenant may keep, store and indemnifications set forth use upon the Premises de minimus amounts of typical cleaning and office supplies that constitute Hazardous Materials, provided that such cleaning and office supplies are kept, stored, used, maintained and disposed of in accordance with all Applicable Laws and manufacturer’s instructions and further provided that Tenant may not discharge or dispose of any such Hazardous Materials in any drains in the Building. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Property, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) 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 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 Claims 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 before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Property. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Property, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Property, 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 Property, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Property, any portion thereof or any adjacent property. Tenant’s obligations under this Section 5.1.8 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. 20.2. 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. 20.3. Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises. 20.4. 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; andLease 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. 20.5. 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) (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 biologicals which are being stored at a laboratory prior to laboratory testing, and/or (v) similar laboratory wastes and materials.

Hazardous Materials. Landlord represents and warrants that, Tenant agree as follows with respect to the best existence or use of Landlord's knowledge 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 Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project is strictly prohibited. Tenant shall indemnify, 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 arise in any manner whatsoever out of the date use, storage, treatment, transportation, release, or disposal of this Lease any Hazardous Materials on or about the Project caused or permitted by Tenant or Tenant’s Agents. B. If the presence of Hazardous Materials in, on or about the 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 governmental agency having jurisdiction over such contamination, then Tenant shall promptly 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 solely responsible for, and shall defend indemnify and hold Landlord and its 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 Project to its condition existing prior to the appearance of such Hazardous Materials. C. Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) there does not exist any leak, spill, release, discharge, emissions or disposal of communication received from any governmental authority concerning Hazardous Materials on which relates to the Lot (including the Building to be located thereon)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 do not (and will not such other Hazardous Materials as are reasonably necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the date of Substantial Completion) contain any Hazardous Materials, except as Premises and which Landlord consents in writing may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in brought onto the Premises. Any such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal permitted use of Hazardous Materials shall occur 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 may be required by reason of such use of Hazardous Materials. At any time during the Lease Term, Tenant shall within five (5) days after written request therefore 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 installed on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning Project, and maintenance purposes or in connection with may cause the operation of loading docks) ground water to be tested to detect the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts use of such tests as are 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 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 gross misconduct toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of LandlordCalifornia or the United States government. In no event The term “Hazardous Materials” 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 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 Landlord be obligated to indemnify Tenant for mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andMaterials.

Hazardous Materials. Landlord represents and warrants thatTenant shall not use, to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leakintroduce, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring onto the Premises, and/or the Building (excluding all portions thereof leased generate, treat, store or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery dispose of any Hazardous Materials Material on the Premises or Common Area of the Building or the Land except in accordance with all laws, ordinances, rules and to regulations of all governmental authorities having jurisdiction over the Premises or Common Area. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises or Common Area caused or permitted by Tenant results in contamination of the Premises or Common Area, then Tenant shall indemnify, defend and hold Landlord harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including without limitation diminution in value of the Premises or Common Area, damages for the loss or restriction on the use of rentable or usable space or of any adverse impact on marketing of space on the Premises or Common Area, and sums paid in settlement of claims; attorneys’ fees, consultant fees and expert fees) which arise (a) before the commencement of the Term and (b) during or after the Lease Term from or as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial removal or restoration work required by any federal, state or local governmental agency, political subdivision, lender or buyer because of Hazardous Material present in the soil or groundwater on or under the Premises or Common Area, diminution Area, 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 or Common Area, damages arising from any adverse impact on marketing of space in the building, and sums paid in settlement of claims, attorneys’ fees, consultant fees, laboratory fees and expert fees. Without limiting the foregoing, if the presence or suspected presence of any Hazardous Materials Material on the Premises or Common Area caused or permitted by Tenant results in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result contamination of the negligent acts Premises or gross misconduct Common Area, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises or Common Area to the condition existing prior to the contamination of the Premises or Common Area by any such Hazardous Material; provided, however, Landlord’s approval of such action shall first be obtained, which approval shall not be unreasonably withheld. Tenant will deliver to Landlord copies of any documents received from, or sent by Tenant to, the United States Environmental Protection Agency and/or any state, county or municipal environmental or health agency concerning the Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive ’s operations on the expiration or earlier termination of this Lease; andPremises.

Hazardous Materials. As used herein, the term “Hazardous Material,” means any substance, material or waste which is or becomes regulated by laws of any local governmental authority, the State in which the applicable Premises are located or the United States Government as a threat to human health or the environment (“Hazardous Material Laws”). Tenant will not cause any Hazardous Material to be brought upon, kept or used in the Premises in violation of applicable Hazardous Material Laws. Tenant acknowledges and agrees that all reporting and warning obligations required under Hazardous Material Laws resulting from or in any way relating to Tenant’s use of the Premises or Property are Tenant’s sole responsibility, regardless whether the Hazardous Material Laws permit or require Landlord to report or warn. Tenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord from and against any and all claims whatsoever arising or resulting, in whole or in part, directly or indirectly, from the presence, treatment, storage, transportation, disposal, release or management of any Hazardous Material in, on, under, upon or from the Premises or Property resulting from or in any way related to Tenant’s use of the Premises or Property in violation of applicable Hazard Material Laws. Landlord represents and warrants thatto Tenant that the Premises, to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leakBuilding, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), Land and (ii) the Premises Common Areas do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into Building, Land and Common Areas are in substantial compliance with applicable law and other governmental requirements relating theretoHazard Material Laws. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises shall release and to indemnify, defend (with counsel reasonably acceptable to Tenant), protect and hold harmless Tenant and its officers, employees and agents from and against any claimsand all claims whatsoever arising or resulting, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from in whole or in connection with the presence part, directly or suspected presence indirectly, from Landlord’s breach of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for this environmental representation and warranty, as well as any Hazardous Materials which arise, as a result of present at the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseesProperty prior to the Commencement Date. The covenants obligations of Landlord and indemnifications set forth in Tenant under this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; and.

Hazardous Materials. Landlord represents and warrants that, Tenant agree as follows with respect to the best existence or use of Landlord's knowledge “Hazardous Materials” (as of defined herein) on the date of this Lease (i) there does not exist any leakPremises: A. Tenant, spillat its sole cost, releaseshall comply with all Laws relating to the storage, discharge, emissions or use and disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased If Tenant does store, use or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery dispose of any Hazardous Materials on the Premises Premises, Tenant shall notify Landlord in writing at least five (5) days prior to their first appearance on the Premises. Tenant shall be solely responsible for and to shall defend, indemnify, defend and hold harmless Tenant Landlord and its officers, employees and agents harmless from and against any all claims, judgmentscosts and liabilities, damages, penalties, fines, including attorneys’ fees and costs, liabilities or loss which arise (a) before the commencement arising out of the Term and (b) during or after the Term from or in connection with such storage, use or disposal of Hazardous Materials by Tenant, its agents, employees, sub-tenants, contractors or other entities. B. If the presence or suspected presence of Hazardous Materials on the Premises caused or permitted by Tenant, its agents, employees, invitees, contractors, or subtenants results in contamination or deterioration of water or soil resulting in a level of contamination greater than the Park caused directly safe levels established by any governmental agency having jurisdiction over such contamination, Tenant shall promptly and at its sole cost take any and all action required by law or necessary to investigate, clean up and remediate such contamination. At any time prior to the negligent acts or gross misconduct expiration of the Lease Term, Tenant may at its sole cost and expense (but only after receipt of written consent from Landlord. In ) conduct appropriate tests of water and soil and to deliver to Landlord the results of such tests to demonstrate that no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, contamination in excess of permitted levels has occurred as a result of Tenant’s use of the negligent acts Premises. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against, all claims, costs and liabilities, [UNREADABLE] return the Premises to its condition existing prior to the appearance of such hazardous materials. C. It is acknowledged that underground contamination exists in the area of the Premises that has migrated under the Premises. Landlord is not a responsible party for remediation of any such hazardous substances and does not assume responsibility for the same nor shall Landlord hold Tenant responsible for the same. If Landlord has reasonable cause to believe that the Premises has or gross misconduct of may become contaminated by Hazardous Materials caused by Tenant, its officersagents, employees, invitees, contractors, or subtenant, Landlord may (at its option) cause testing ▇▇▇▇▇ to be installed on the Premises, and may cause the ground water to be tested to detect the presence of Hazardous Materials by the use of such tests as are 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 Landlord, except that Tenant shall pay the cost thereof if the presence of Hazardous Materials is detected and which was probably caused by Tenant, its agents, contractors employees, sub-tenants, invitees, or licenseescontractors. D. It shall not be unreasonable for Landlord to withhold its consent to any proposed Transfer pursuant to Section 15. if the proposed transferee’s anticipated use of the Premises involves the generation, storage, use, treatment or disposal of Hazardous Material and which in Landlord’s sole opinion poses an unacceptable risk of contamination of the Premises. E. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, materials or waste, the storage, use, or disposition of which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The covenants term “Hazardous Material” includes, without limitation, 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 California Administrative Code, Division 4, Chapter 20, (ii) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and indemnifications set forth in this Recovery Act, 42 U.S.C. Section 5.1.8 shall survive 6901 et seq. (42 U.S.C. Section 6903), (iii) defined as a “hazardous substance” pursuant to Section 101 of the expiration Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601), or earlier termination (iv) is listed or defined as “hazardous waste”, “hazardous substance”, or other similar designation by any regulatory scheme of this Lease; andthe State of California or the U.S. Government that is similar to the foregoing.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge 13.1. Lessee shall not cause or permit any Hazardous Material (as of the date of this Lease (ihereinafter defined) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)brought upon, and (ii) kept or used in or about the Demised Premises do not (and will not as by the agents, principals, employees, assigns, sublessees, contractors, subcontractors, consultants or invitees of the date of Substantial Completion) contain any Hazardous MaterialsLessee, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into full compliance with applicable law and other governmental requirements relating theretoLegal Requirements. Landlord agrees to notify Tenant immediately upon discovery If Lessee breaches the obligations stated in the preceding sentence, or if the introduction or release of any a Hazardous Materials Material on the Demised Premises caused or permitted by Lessee (or the aforesaid others) results in contamination of the Demised Premises or any surrounding area(s), or if contamination of the Demised Premises or any surrounding area(s) by Hazardous Material otherwise occurs for which Lessee is legally, actually or factually liable or responsible (other than liability which arises solely as a result of the tenancy created hereby or solely as a result of Lessor's mere occupancy of the Demised Premises), then Lessee shall fully and to completely indemnify, defend and hold harmless Tenant Lessor (or any party claiming by, through or under Lessor) from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, expenses or loss losses, including, without limitation: (i) diminution in the value of the Demised Premises; (ii) any asserted damage to the Property or to neighboring properties or the occupants of the Property or neighboring properties, and (iii) any sums paid in settlement of claims, reasonable attorneys' fees, consultants fees and expert fees which arise (a) before the commencement of the Term and (b) or arose before, during or after the Term from or term of this Lease as a consequence of such contamination. This indemnification includes, without limitation, costs incurred in connection with the presence any investigation or suspected presence site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials on the Premises or present in the Park caused directly by soil or ground water on or under the negligent acts Demised Premises for which Lessee is responsible pursuant to the terms of this Lease. Without limiting the foregoing, if the introduction or gross misconduct release of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which ariseon, as a result under or about the Demised Premises or any other surrounding area(s) caused or permitted by Lessee (or the aforesaid others) results in any contamination of the negligent acts Demised Premises, Lessee shall immediately take all actions at its sole expense as are necessary or gross misconduct appropriate to return the Demised Premises to the condition existing prior to the introduction by Lessee of Tenantany such Hazardous Materials thereto; provided that the prior written approval (which approval shall not be unreasonable withheld, its officers, employees, agents, contractors conditioned or licenseesdelayed) of such actions by Lessor shall be first obtained. The covenants foregoing obligations and indemnifications set forth in this Section 5.1.8 responsibilities shall survive the expiration or earlier termination of this Lease; and. 13.2. As used herein, the term "Hazardous Materials" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reorganization Act of 1986 (42 U.S.C. Section 9601 et seq., as amended), the Federal Clean Water Act, the Federal Clean Air Act, the Federal Resource Conservation and Recovery Act, the Federal Toxic Substances Control Act, 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 301 and amendments thereto), and all substances, materials and wastes that are defined as "toxic", "hazardous" or "extremely hazardous" or are otherwise regulated under any applicable local, state or federal law. In furtherance of, and not in limitation of the foregoing, the term "Hazardous Materials" shall include asbestos, asbestos-containing materials and petroleum.

Hazardous Materials. Landlord represents In the performance of the Work, Contractor shall, and warrants thatshall cause its Subcontractors and Sub-subcontractors to, comply with all Applicable Laws, Applicable Codes and Standards, and the requirements specified in Attachment J relating to Hazardous Materials. Contractor shall conduct its activities under this Agreement, and shall cause each of its Subcontractors and Sub-subcontractors to conduct its activities, in a manner designed to prevent pollution of the environment or any other release of any Hazardous Material brought on to the best Site by Contractor or its Subcontractors and Sub-subcontractors. Neither Contractor nor its Subcontractors or Sub-subcontractors shall bring Hazardous Material to the Site, except as necessary to perform the Work, and Contractor shall remain responsible and strictly liable for all such Hazardous Materials and for any Hazardous Materials that are brought to the Site by Contractor or any of Landlord's knowledge its Subcontractors or Sub-subcontractors. Contractor shall be responsible for the management of, and proper disposal of, all Hazardous Material brought onto the Site by it or its Subcontractors or Sub-subcontractors. If any spillage, discharge, emission, or release should occur as a result of any Hazardous Materials brought on to the date of this Lease Site by Contractor or its Subcontractors or Sub-subcontractors or discovered by them, Contractor shall immediately notify Owner and take all reasonable steps necessary to: (i) there does not exist any leak, spill, releasestop and contain the spillage, discharge, emissions emission, or release; (ii) make any report(s) of the spillage, discharge, emission, or release as required under Applicable Laws; and (iii) clean-up and remediate the spillage, discharge, emission, or release of Hazardous Materials brought onto the Site by Contractor or any of its Subcontractors or Sub-subcontractors as required by Applicable Law. Contractor shall cause all such Hazardous Material brought onto the Site by it or its Subcontractors or Sub-subcontractors: (y) to be transported only by carriers maintaining valid Hazardous Material transportation Permits (as required) and operating in compliance with such Permits and Applicable Laws regarding the transportation of Hazardous Material and only pursuant to manifest and shipping documents identifying only Contractor as the generator of waste or Person who arranged for waste disposal through Contractor or any Subcontractor or Sub-subcontractor; and (z) to be treated and disposed of only at treatment, storage, and disposal facilities maintaining valid Permits (as required) regarding Hazardous Material and in accordance with Applicable Law. Contractor shall submit to Owner a list of all Hazardous Material to be brought onto the Site as permitted by this Agreement prior to bringing such Hazardous Material onto or at the Site. Contractor shall keep Owner informed as to the status of all Hazardous Material brought onto the Site by Contractor or its Subcontractors and Sub-subcontractors and disposal of such Hazardous Material from the Site by Contractor or its Subcontractors or Sub-subcontractors. Notwithstanding anything to the contrary in the foregoing, Contractor will have no liability or responsibility for any release, clean-up, remediation, transportation, or disposal of any Hazardous Materials on existing at the Lot Site that pre-date Contractor’s or its Subcontractors’ or Sub-subcontractors’ commencement of any Work at the Site (including the Building to be located thereon“Pre-Existing Hazardous Materials”), and (ii) the Premises do not (as between Owner and Contractor, Owner will not as of the date of Substantial Completion) contain any retain all responsibility for Pre-Existing Hazardous Materials, except as may be specified in Tenant's Plans to the extent of Contractor’s or as may be contained in customary cleaning supplies any Subcontractor’s or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leakSub-subcontractor’s negligent or otherwise wrongful handling, spilldisturbance, releasetransport, dischargestorage, emission disposal, aggravation or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts exacerbation of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Pre-Existing Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andMaterials.

Hazardous Materials. Landlord represents Keep and warrants thatmaintain, and cause its Subsidiaries to keep and maintain, all real Property in which the Borrower or a Subsidiary has any ownership or leasehold interest (“Real Property”) in compliance with all Hazardous Materials Laws, except to the extent any non-compliance would not reasonably be expected to constitute or cause a Material Adverse Change; and not permit any of its Subsidiaries to, use, generate, manufacture, store or dispose of on, under or about any Real Property, or transport to or from any Real Property, any flammable explosives, radioactive materials, hazardous wastes or toxic substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” or “toxic substances” under any Applicable Laws (collectively referred to herein as “Hazardous Materials”) except for (a) Hazardous Materials listed on Schedule 6.12 (and, to the best of Landlord's knowledge as extent such listing includes “trade name” substances, substitutions for such trade name substances containing the same component hazardous material), or (b) other Hazardous Materials used by the Borrower, its Subsidiaries and other occupants of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or Real Property in connection with the operation their respective business operations or for general maintenance of loading docks) the Building as result such Real Property and used and disposed of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into in material compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on Laws; provided, that, the Premises and to Borrower shall indemnify, defend and hold harmless Tenant and its officers, employees and agents the Indemnitees from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss (which arise (a) before indemnity shall survive the commencement repayment of the Term Obligations and (bthe Facility Termination Date) during any loss, damage, cost, expense or after liability arising out of or attributable to the Term from use, generation, storage, Release, threatened Release, discharge, transportation, disposal, or in connection with the presence or suspected presence of Hazardous Materials on (including asbestos) on, under or about the Premises any Real Property, including (i) the costs of any remediation of any Real Property required under Hazardous Materials Laws, including the preparation and implementation of any closure, remedial or in the Park caused directly other required plans, and (ii) all reasonable costs and expenses incurred by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which ariseIndemnitees in connection with clause (i), as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andincluding all reasonable attorney costs.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease (i) there does 20.1 Tenant shall not exist cause or permit any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building as defined below) to be located thereon)brought upon, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified kept or used in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring about the Premises, and/or the Building (excluding all portions thereof leased Buildings or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify the Project in violation of Applicable Laws by Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and or its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseesinvitees. The covenants If Tenant breaches such obligation, or if the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, then Tenant shall indemnify, save, defend (at Landlord's option and indemnifications set with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims, 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 by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on or under or about the Project. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by Tenant results in any contamination of 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 remediate such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term effect on the Project, any portion thereof or 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 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 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 governmental 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, storage, disposal and 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 correspondence; 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 Section 5.1.8 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; andLease 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. (a) Tenant shall not use, transport, store, dispose of or in any manner deal with hazardous materials on the Premises or any adjacent lands and premises of Landlord represents (collectively the "Property"), except in compliance with all applicable federal, state and warrants thatlocal laws, ordinances, rules and regulations. The term "hazardous materials" as used in this Lease shall include, without limitation, gasoline, petroleum products, explosives, radioactive materials, or any other substances or materials defined as a hazardous or toxic substance or material by any federal, state or local law, ordinance, rule or regulation. (b) Except as provided in Section 14(c), Tenant unconditionally and irrevocably indemnifies and agrees to defend and hold harmless Landlord and its officers, employees, agents, contractors and those claiming by, through or under Landlord, from and against all loss, cost and expense (including attorneys' fees) of whatever nature suffered or incurred by Landlord on account of the existence at or on the Property, or the release or discharge at, on, from or to the best Property, during the Lease Term, of Landlord's knowledge as any hazardous material, including any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any law, rule, regulation or ordinance or the institution of any action by any party against Tenant, Landlord or the Property based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of any hazardous material or the imposition of a lien on any part of the date of this Lease (i) there does not exist Property under any leak, spill, release, discharge, emissions law pursuant to which a lien or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as liability may be specified imposed on Landlord due to the existence of any hazardous material. Tenant unconditionally and irrevocably guarantees the payment of any fees and expenses incurred by Landlord in Tenant's Plans or as may be contained in customary cleaning supplies or enforcing the liability of Tenant and this indemnification should Landlord prevail in such other supplies that are necessary for Landlord to perform its obligations hereunderaction. In the event that If any such leakRemedial Work is required because of, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with, any occurrence or event covered by the indemnity set forth in this Section 14(b), Tenant shall either perform or cause to be performed the Remedial work in compliance with the operation applicable law, regulation, order or agreement, or shall promptly reimburse Landlord for the cost of loading docks) such Remedial Work. If Tenant elects to perform the Building as result Remedial Work, all Remedial Work shall be performed by one or more contractors selected by Tenant and approved in advance in writing by Landlord and under the supervision of any negligent acts or gross misconduct of a consulting engineer, selected by Tenant and approved in advance in writing by Landlord. Otherwise, Landlord shall take any select the contractor(s) and the consulting engineer. All costs and expenses of such Remedial Work shall be paid either directly, or in the form of reimbursement to Landlord, by Tenant including without limitation, the charges of such contractor(s) and the consulting engineer, and Landlord's reasonable attorneys' fees and costs incurred in connection with monitoring or review of such Remedial Work. If Tenant shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, Landlord may cause such Remedial Work to be performed, and all actions necessary to bring costs and expenses thereof, or incurred in connection therewith, shall be covered by the Premises, and/or the Building indemnity set forth in this Section 14(b). All such costs and expenses shall be due and payable upon demand therefor by Landlord. (excluding all portions thereof leased or leasable to tenantsc) into compliance with applicable law Landlord unconditionally and other governmental requirements relating thereto. Landlord irrevocably indemnifies and agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees employees, agents, contractors and agents those claiming by, through or under Tenant, from and against any claimsall loss, judgments, damages, penalties, fines, costs, liabilities cost and expense (including attorneys' fees) of whatever nature suffered or loss which arise (a) before the commencement incurred by Tenant on account of the Term and (b) during existence at or after on the Term Property, or the release or discharge at, on, from or in connection with to the presence Property, prior to the Commencement Date or suspected presence of Hazardous Materials on the Premises thereafter if such release or in the Park discharge is caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agentsagents or contractors, contractors of any hazardous material, including any claims, costs, losses, liabilities and expenses arising from the violation (or licenseesclaimed violation) of any law, rule, regulation or ordinance or the institution of any action by any party against Tenant, Landlord or the Property based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of any hazardous material or the imposition of a lien on any part of the Property under any law pursuant to which a lien or liability may be imposed on Tenant due to the existence of any hazardous material. The covenants Landlord unconditionally and indemnifications irrevocably guarantees the payment of any fees and expenses incurred by Tenant in enforcing the liability of Landlord and this indemnification should Tenant prevail in such action. If any Remedial Work is required because of, or in connection with, any occurrence or event covered by the indemnity set forth in this Section 5.1.8 14(c), Landlord shall perform or cause to be performed the Remedial Work in compliance with the applicable law, regulation, order or agreement. If Landlord elects to perform the Remedial Work, all Remedial Work shall be performed by one or more contractors selected by Landlord and approved in advance in writing by Tenant and under the supervision of a consulting engineer, selected by Landlord and approved in advance in writing by Tenant. Otherwise, Tenant shall select the contractor(s) and the consulting engineer. All costs and expenses of such Remedial Work shall be paid either directly, or in the form of reimbursement to Tenant, by Landlord including without limitation, the charges of such contractor(s) and the consulting engineer, and Tenant's reasonable attorneys' fees and costs incurred in connection with monitoring or review of such Remedial Work. If Landlord shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, Tenant may cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith, shall be covered by the indemnity set forth in this Section 14(c). All such costs and expenses shall be due and payable upon demand therefor by Tenant. (d) The obligations of Landlord and Tenant under this Section 14 shall survive the expiration or earlier termination of this Lease; andAgreement.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge Tenant shall not cause or permit any Hazardous Material (as of the date of this Lease (idefined below) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)brought upon, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materialskept, except as may be specified or used in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring about the Premises, and/or 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 (excluding all portions thereof leased and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery if the presence of any Hazardous Materials Material on the Premises and 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 Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or loss losses (other than consequential damages) which arise (a) before the commencement of the Term and (b) during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the negligent acts obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or gross misconduct any cleanup, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of TenantHazardous 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 officerssole expense as are necessary to return the Premises, employeesthe 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, agentswhich 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, contractors Building or licensees. The covenants Project or exposes Landlord to any liability therefor and indemnifications set forth such actions are undertaken in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andaccordance with all applicable laws, rules and regulations and accepted industry practices.

Hazardous Materials. a. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used on or about the Premises by Tenant, its agents, employees, contractors or invitees (including, but not limited to, members of the public) without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and unlimited discretion. Should Landlord represents and warrants that, consent to the best presence of Hazardous Material on the Premises, Tenant must demonstrate to Landlord's knowledge as ’s reasonable satisfaction that such Hazardous Material is necessary for Tenant’s business and will be used, stored and disposed of in a manner that complies with all laws regulating such Hazardous Material. If Tenant breaches the obligations demonstrated to Landlord in accordance with the preceding provision, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the date Premises, or if contamination of this Lease (i) there does not exist any leakthe Premises by Hazardous Material otherwise occurs for which Tenant is responsible, spillthen Tenant shall promptly forward to Landlord copies of all orders, notices, communications and reports related to the release, discharge, emissions spill, escape or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)emission which resulted in such contamination, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials Tenant shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Landlord harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, damages for the loss of or restriction on the use of rentable or usable space or any amenity of the Premises, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions and any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on or under the Premises. Without limiting the foregoing, if the presence of Tenantany Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its officers, employees, agents, contractors or licenseessole expense as are necessary to return the Premises to the condition existing prior to the introduction of such Hazardous Material. The covenants and indemnifications set forth in this Section 5.1.8 foregoing indemnity shall survive the expiration or earlier termination of this Lease; and. b. 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 Materials. Landlord represents Owner shall remain responsible for Hazardous Materials. Unless it expressly agrees to do so, Contractor shall not be responsible for the removal, encapsulation, transportation and warrants thatdisposal of any Hazardous Material. Contractor shall cooperate with Owner and separate abatement contractors in the identification, to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leakabatement, spillremoval, releaseencapsulation, discharge, emissions or transportation and disposal of Hazardous Materials Materials. Any Hazardous Material not specifically shown on the Lot (including documents or readily observable in the Building to Work shall be located thereon), and (ii) the Premises do not (considered a concealed condition and will not be the responsibility of Contractor. Hazardous Materials means: any substance the presence of which requires investigation or remediation under any federal, state or local law, statute, regulation, ordinance, order, action, policy or common law; which is or becomes defined as of “hazardous” or any other similar term under any federal, state or local law, statute, regulation, rule or ordinance or amendments thereto, including, without limitation, CERCLA, RCRA, the date of Substantial Completion) contain any Hazardous MaterialsToxic Substances Control, except the Clean Air Act and the Federal Water Pollution Control Act, as the foregoing may be specified amended from time to time; which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority or instrumentality or the United States or jurisdiction in Tenant's Plans which the Project is located; or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal presence of Hazardous Materials shall occur which on the Lot site causes or (apart from DE MINIMIS amounts threatens to cause a nuisance upon the site or to the adjacent properties or poses or threatens to pose a hazard to the health or safety of such materials used for cleaning and maintenance purposes persons on or in connection with about the operation of loading docks) site. To the Building as result of any negligent acts or gross misconduct of Landlordfullest extent permitted by law, Landlord Owner shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Contractor and Subcontractors harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penaltieslosses and expenses, finesincluding but not limited to attorney’s fees, costs, liabilities in any way arising out of or loss which arise (a) before resulting from the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on at the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arisesite, as a result regardless of the negligent acts negligence of Contractor or Subcontractors, but excluding Contractor’s and Subcontractor’s gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andnegligence.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date (a) For purposes of this Lease Lease, the term “Hazardous Material” means any hazardous substance, hazardous waste, infectious waste, petroleum product or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state or federal governmental authority. Except for reasonable quantities of ordinary office supplies such as copier toners, liquid paper and ink and common cleaning materials and solvents or other substances commonly used in non-hospital medical offices (i) there does all of which shall in any event be kept, stored and used only in accordance with applicable laws and regulations), Tenant shall not exist cause or permit any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building Material to be located thereon)brought, and (ii) kept or used in or about the Premises do not (and will not as of or the date of Substantial Completion) contain any Hazardous MaterialsPark by Tenant, except as may be specified in Tenant's Plans its agents, employees, contractors, or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunderinvitees. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord Tenant hereby agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents indemnify Landlord from and against any breach by Tenant of the obligations stated in the preceding sentence, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the Building or the Park, damages for the loss or restriction or use of rentable space or of any amenity of the Park, damages arising from any adverse impact on marketing of space in the Building or the Park, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise (a) before the commencement of the Term and (b) during or after the Term from or of this Lease as result of such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions and any cleanup, remedial removal, or restoration work required due to the presence or suspected presence of Hazardous Materials on Material. Tenant shall promptly notify Landlord of any release of a Hazardous Material in the Premises or (if caused by Tenant or its agents or contractors) in the Park caused directly by Park. (b) If Tenant knows, or has reasonable cause to believe, that a Hazardous Material, or a condition involving or resulting from same, has come to be located in, on or under or about the negligent acts Premises or gross misconduct the Park, Tenant shall immediately give written notice of such fact to Landlord. In no event Tenant shall also immediately give Landlord be obligated (without demand by Landlord) a copy of any statement, report, notice, registration, application, permit, license, given to indemnify or received by Tenant for from or to any governmental authority or persons entering or occupying the Premises, concerning the presence, spill, release, discharge of or exposure to, any Hazardous Materials which ariseMaterial or contamination in, as a result of on or about the negligent acts Premises or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andPark.

Hazardous Materials. Landlord represents Lessee shall not cause or permit any Hazardous Material (as defined in Section 5.3) to be brought upon, kept or used in or about the Leased Premises without the express prior written consent of Lessor (which Lessor shall not unreasonably withhold, provided that Lessee demonstrates to Lessor's reasonable satisfaction that such Hazardous Material is necessary or useful to Lessee's business, and warrants thatthat such Hazardous Material will be used, kept and stored in a manner that complies with all laws, rates, ordinances and regulations relating to the best of Landlord's knowledge as storage and use of the date Hazardous 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 Lessee breaches the obligations stated herein, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Lessee at any time after execution of this Lease (i) there does not exist Agreement, results in any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as contamination of the date Leased Premises or any other private or public property, including, without limitation, sewers or streets, or if contamination of Substantial Completion) contain the Leased Premises by Hazardous Material otherwise occurs for which Lessee is legally liable to Lessor or to any Hazardous Materialsthird party for damages resulting there from, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials then: 5.1 Lessee shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Lessor harmless Tenant and its officers, employees and agents from and against any and all claims, judgments, damages, penalties, fines, costs, expenses, liabilities or loss which arise and losses (a) before the commencement including, without limitation, diminution in value of the Term Leased Premises, damages for the loss or restriction on use of the Leased Premises, and (bsums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) that arise during or after the Term from or in connection with the presence or suspected presence term of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arisethis Lease, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseesin connection with such contamination. The covenants foregoing indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required or recommended by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Leased Premises or any public facilities. 5.2 Lessee shall promptly take any and indemnifications set forth all actions, at its sole cost and expense, as are necessary or appropriate to return the Leased Premises or other private or public facilities to the condition existing prior to the introduction of any Hazardous Material to the Leased Premises; provided that Lessor's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld if such actions would not potentially have any material adverse effect on the Leased Premises or other private or public facilities. All contractors, laboratories and engineering firms (hereinafter "Consultants") chosen by Lessee to undertake any remedial action that may be necessary or appropriate on or about the Leased Premises or other private or public facilities shall be approved by Lessor prior to their employment by Lessee, which approval will not be unreasonably withhold. Consultants shall be licensed and bonded in this 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, and the Lessee shall indemnify and hold 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 5.1.8 shall survive 1317); or defined as hazardous waste pursuant to the expiration Resource Conservation and Recovery Act (42 USC Section 6901 et seq.); or earlier termination defined as a hazardous substance pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of this Lease1980, 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. (a) Landlord represents and warrants thatwill use commercially reasonable efforts to prevent the manufacture, to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leakstorage, spillsale, use, disposal, release, dischargeor discharge of Hazardous Materials on or at the Project in any manner that violates Environmental Law or which causes there to be any liability under Environmental Law. (b) Tenant will not cause, emissions or disposal allow any of Tenant's employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants to cause, use or conduct operations on or at the Premises or the Project or manufacture, store, sell, use, dispose of, release, or discharge or permit the manufacture, storage, sale, use, disposal, release, or discharge of Hazardous Materials on the Lot (including the Building Project in any manner which violates Environmental Law or which causes there to be located thereon)any liability under Environmental Law. Tenant will indemnify, defend, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for hold Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees employees, and agents harmless from any and against any all claims, suits, judgments, actions, proceedings, damages, penalties, fines, costs, liabilities expenses, liabilities, or losses (including, 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, and sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees (consultants and experts to be selected by Landlord) which arise (a) before the commencement of the Term and (b) during or after the Lease Term from as a result of contamination by Hazardous Materials due to the negligence or willful misconduct of Tenant or of Tenant's agents or contractors. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Materials present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence or suspected presence of any Hazardous Materials on the Premises or in the Park Project caused directly or permitted by the negligent acts negligence or gross willful misconduct of Landlord. In no event shall Landlord be obligated Tenant or its agents or contractors results in any contamination of the Premises or the Project, Tenant will promptly take all actions at its sole expense as are necessary to indemnify Tenant for return the Premises or the Project to the condition existing prior to the release of any such Hazardous Materials to the Premises or the Project, provided that Landlord's written approval of such actions will first be obtained, which ariseapproval will not be unreasonably withheld. Landlord shall have the right upon reasonable prior notice to enter the Premises to inspect the Premises for Tenant's compliance with this Section. If Landlord has reasonable grounds to believe that a violation exists, as Landlord may retain an environmental consultant to prepare a result of the negligent acts or gross misconduct of Phase II report and to consult with Landlord at Tenant, its officers, employees, agents, contractors or licensees's expense. The covenants and indemnifications set forth in Tenant's obligations under this Section 5.1.8 shall 8.2(b) will survive the expiration or earlier prior termination of this Lease. (c) For purposes of this Lease, "Hazardous Materials" means any explosives, radioactive materials, petroleum products, hazardous wastes, or hazardous or toxic substances, including, without limitation, substances defined as "hazardous substances" or those substances, materials, and wastes listed in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (s)9601-9657; andthe Hazardous Materials Transportation Act of 1975, 49 U.S.C. (s)1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. (s)6901-6987; the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101); the United States Environmental Protection Agency Listing (40 CFR Part 302): or any other federal, state, or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials, waste, or substances now or at any time hereafter in effect (collectively, "Environmental Law").

Hazardous Materials. Landlord (a) Owner represents and warrants to Manager that, to Owner’s actual knowledge, the best Property is not in violation of Landlord's knowledge any federal, state or local law, ordinance or regulation relating to any Hazardous Materials (as defined below); to Owner’s actual knowledge, there exists no presence, use, treatment, storage, release or 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 stored on the Property; and there in not and has never been landfill containing decomposable material, petroleum ▇▇▇▇▇, mineral-bearing mines, sewage treatment facilities, storage tanks, sink holes, radon or other toxic emissions in, on or under the Property. Notwithstanding anything to the contrary stated above, the 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 date of this Lease Agreement. Owner shall indemnify, defend and hold Manager, its officers, directors, employees and agents harmless from and against all fines, suits, procedures, claims, actions, costs or expenses whatsoever (including, without limitation, attorney and related expenses and sums paid in settlement of claims) arising out of or in any way connected with (i) there does not exist Owner’s breach or alleged breach of any leakof the foregoing environmental representations, spill, or (ii) any alleged or actual release, discharge, emissions spill or disposal discharge of Hazardous Materials on the Lot (including the Building to be located thereon)Property or any condition created by or arising from, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies whole or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leakpart, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises Property, unless such release, spill, discharge or condition is caused by the gross negligence or willful misconduct of Manager. If any such release, spill, discharge or other Hazardous Materials condition is caused by Manager’s gross negligence or willful misconduct, Manager shall, at Manager’s sole cost and expense, take all necessary actions to indemnifycompletely remedy the Hazardous Materials condition; provided that, defend and hold harmless Tenant and its officersOwner’s prior approval shall be required before Manager may commence any such remedial action, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and approval shall not be unreasonably withheld. (b) during For purposes of this Agreement, the term “Hazardous Materials” shall mean any hazardous, toxic or after dangerous substance, material, or waste as defined for purposes of the Term from Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended 42 U.S.C. § 9601, et seq., or in connection with any other federal, state or local law, ordinance, or regulation applicable to the presence Property, and establishing liability, storage, uncontrolled loss, seepage, filtration, disposal, removal, use or suspected presence existence of Hazardous Materials on the Premises a hazardous, toxic or dangerous substance, material or waste, including, without limitation, petroleum or petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs) and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms or combinations thereof which are now or become in the Park caused future listed, defined or regulated in any manner by any federal, state or local law based upon its being, directly by or indirectly, hazardous to human health or safety or to the negligent acts environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytoxicity, infectiousness or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts other harmful or gross misconduct of Tenant, its officers, employees, agents, contractors potentially harmful properties or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andeffects.

Hazardous Materials. Tenant shall not cause, or allow any of Tenant’s Parties to cause, any Hazardous Materials to be generated, stored, used, treated, removed, transported, handled and disposed of on or about the Premises, the Building or the Project without Landlord’s prior written approval, provided that. Tenant shall be permitted to use the Disclosed Hazardous Materials in the ordinary course of its business subject to the conditions and requirements of this Lease. L▇▇▇▇▇▇▇’s conditional authorization of the Disclosed Hazardous Materials shall be strictly limited to the types and quantities described in Exhibit F, and shall not be construed as an authorization for Tenant to generate, store, use, treat, remove, transport, handle or dispose of any additional quantities of Disclosed Hazardous Materials or any other Hazardous Materials in, on, about or under the Premises, Building or the Project. Tenant acknowledges that any change in the types or quantities or Disclosed Hazardous Materials described in Exhibit F, or any material change in the means and methods of generating, storing, treating, removing, transporting, handling or disposing of such Disclosed Hazardous Materials, shall require the prior written approval of Landlord in each instance. Tenant represents and warrants thatto Landlord that (a) prior to its use of Hazardous Materials on the Premises, it will have received or obtained issuance of, and will maintain in effect, all permits, approvals, licenses, or other authorizations necessary for Tenant’s activities with respect to the Disclosed Hazardous Materials, and (b) Tenant has not been cited, fined, or otherwise found to be in violation of any governmental requirement or fire, safety and insurance requirements or regulations applicable to any Disclosed Hazardous Materials or any other Hazardous Materials in any other leased premises. At least once during each twelve (12) month of the Lease Term, Tenant shall provide Landlord with an inventory list describing the minimum and maximum quantities of each of the Disclosed Hazardous Materials generated, stored, used, treated, removed, transported, handled and disposed of on or about the Premises, the Building or the Project the succeeding twelve (12) months, and a copy of its Hazardous Materials Management Plan (“HMMP”) in the form submitted by Tenant to the fire department. Tenant agrees to notify Landlord immediately if Tenant receives notification or otherwise becomes aware of: (a) any threatened or actual release, spill or discharge of any Disclosed Hazardous Materials in, on, about or under the Premises, the Building or the Project, or (b) any threatened or actual lien, action, or proceeding or notice that any Disclosed Hazardous Materials or any other Hazardous Materials is not being generated, stored, used, treated, removed, transported, placed, manufactured, handled, or disposed of in strict compliance with any and all governmental requirements and regulations or applicable fire, safety or insurance requirements and regulations. If Tenant or any of Tenant’s Parties is partially or wholly responsible or potentially responsible for such condition, situation, lien, action or notice, Tenant’s notice to Landlord shall include a statement as to the actions Tenant proposes to take in response to such condition, situation, lien, action or notice. As used in this Lease, “Hazardous Materials” shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic substances,” or other similar designations in any federal, state, or local law, regulation, or ordinance. Landlord shall have the right at all reasonable times to inspect the Premises and to conduct tests and investigations to determine whether Tenant is in compliance with the foregoing provisions, the costs of all such inspections, tests and investigations to be borne by T▇▇▇▇▇. Tenant shall indemnify, defend (by counsel selected by Landlord), protect and hold Landlord harmless from and against all liabilities, losses, costs and expenses, demands, causes of action, claims or judgments directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Materials by Tenant or any of Tenant’s Parties, which indemnity shall include, without limitation, attorneys’ and consultants’ fees, the cost of any required or necessary repair, cleanup or detoxification, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by L▇▇▇▇▇▇▇ to the use, generation, storage or disposal of Hazardous Materials nor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant’s obligation of indemnification pursuant to this Paragraph 4.D. ▇▇▇▇▇▇’s obligations pursuant to the foregoing indemnity shall survive the termination of this Lease. Notwithstanding anything to the contrary in this Lease, Landlord warrants that on the Commencement Date to the best of Landlord's ’s knowledge as the Premises and the Project, and the land and groundwater thereunder, are free of the date contamination in excess of this Lease (i) there does not exist allowable limits by any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)introduced by Landlord or its employees, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materialsofficers, or directors or, except as may be specified for substances and materials within allowable limits used in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunderthe ordinary course of construction, by Landlord’s contractors. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct breach of Landlordthe foregoing warranty, Landlord shall take any promptly rectify the same as its sole cost and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law expense and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to shall indemnify, defend defend, and hold Tenant harmless Tenant and its officers, employees and agents from and against any actual damages, liability, suits, losses, claims, judgmentsactions, damages, penalties, fines, costs or expenses (including attorneys’ and consultants’ fees and costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or suffered by Tenant in connection with any such breach. RULES AND REGULATIONS 5. Tenant shall faithfully observe and comply with any rules and regulations Landlord may from time to time prescribe in writing for the presence purpose of maintaining the proper care, cleanliness, safety, traffic flow and general order of the Premises, the Building, or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of LandlordProject. In no event Tenant shall cause Tenant’s Parties to comply with all such rules and regulations. Landlord shall not be obligated responsible to indemnify Tenant for the non-compliance by any Hazardous Materials which arise, as a result other tenant or occupant of the negligent acts Building or gross misconduct the Project with any of Tenant, its officers, employees, agents, contractors or licensees. The covenants the rules and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andregulations.

Hazardous Materials. Tenant shall complete the attached Exhibit D (Hazardous Materials Acknowledgment and Questionnaire) and supply same to Landlord represents prior to Landlord’s execution hereof. Landlord and warrants that, Tenant agree as follows with respect to the best existence or use of Hazardous Materials on the Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord's knowledge as , 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 arise in any manner whatsoever out of the date of this Lease (i) there does not exist any leakuse, spillstorage, treatment, transportation, release, discharge, emissions or disposal of Hazardous Materials on or about the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Project by Tenant or Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or ’s Agents after the Term from or in connection with Effective Date. B. If the presence or suspected presence of Hazardous Materials on the Premises 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 levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly 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 solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against, all claims, costs and liabilities, including attorneys’ fees and costs, arising out of or in connection with any investigation and remediation required hereunder to return the Park caused directly 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, and (ii) any contamination of the Project by the negligent acts or gross misconduct Hazardous Materials which constitutes a violation of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials Law. 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 necessary for the operation of Tenant’s business of which ariseLandlord 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 the Lease 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 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 Material by the use of such tests as a result are 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 negligent acts or gross misconduct installation, maintenance, repair and replacement of Tenant, such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth indemnity given in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; and§7.2A and/or §7.2B.

Hazardous Materials. Landlord hereby represents and warrants that, that to the best of Landlord's knowledge current actual knowledge, without investigation, there are no Hazardous Materials present in the Premises in violation of applicable laws as of the date of this Lease (i) there does hereof. Tenant shall not exist cause or permit any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on (as defined below) to be brought upon, kept or used in or about the Lot (including Premises or the Building to be located thereon)by Tenant or any Tenant Parties, and (ii) without the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct prior written consent of Landlord, Landlord shall take any and all actions necessary to bring which may be withheld in Landlord's sole discretion. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery if contamination of any Hazardous Materials on the Premises and 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 Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Term from or in connection with term of the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, Lease as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on or under the Real Property. Without limiting the foregoing, if the presence of any Hazardous Material at the Real Property is caused by or is permitted by Tenant to remain and thereafter results in any contamination of the Real Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Real Property to the condition existing prior to the introduction of any such Hazardous Material; provided, that Landlord's approval of such actions shall first be obtained. 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 Real 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, water leaks or 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 failure to notify Landlord of a water leak or other condition known to Tenant leading to the presence of mold. Investigation, its officers, employees, agents, contractors or licenseesclean up and remediation may only be performed after Landlord has approved Tenant's plan for such remediation. All clean up and remediation will be done in compliance with Applicable Laws. The covenants and indemnifications set forth in provisions of this Section 5.1.8 Article 29 shall survive the expiration or earlier termination of this Lease; and.

Hazardous Materials. Landlord represents and warrants that, Tenant agree as follows with respect to the best existence or use of Hazardous Materials on the Project: A. As a condition to the effectiveness of this Lease, Tenant shall accurately and fully complete Landlord's knowledge Hazardous Materials Questionnaire in the form attached hereto as Exhibit H. This Lease shall be of no force or effect unless and until Landlord approves Tenant's completed Hazardous Materials Questionnaire. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall save, protect, indemnify, 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 arise in any manner whatsoever out of the date of this Lease (i) there does not exist any leakuse, spillstorage, treatment, transportation, release, discharge, emissions or disposal of Hazardous Materials on or about the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Project by Tenant or Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or Agents after the Term from or in connection with Effective Date. B. If the presence or suspected presence of Hazardous Materials on the Premises 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 levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly 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 solely responsible for, and shall save, protect, defend, indemnify and hold Landlord and its agents harmless from and against, all claims, costs and liabilities, including attorneys' fees, experts' fees, and costs, arising out of or in connection with any investigation and remediation required hereunder to return the Park caused directly 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, and (ii) any contamination of the Project by the negligent acts or gross misconduct Hazardous Materials which constitutes a violation of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials Law. 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 necessary for the operation of Tenant's business of which ariseLandlord 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 the Lease 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 use, and the manner of storage and disposal. D. Landlord may cause testing well▇ ▇▇ 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. 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 well▇ ▇▇▇ll 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 Section 7.2A and/or Section 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 with 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) defined as a result "hazardous waste" pursuant to Section 1004 of the negligent acts or gross misconduct of TenantFederal Resource Conservation and Recovery Act, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; and42 U.S.C. 6901

Hazardous Materials. Landlord represents Section 19.1 Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees except in quantities and warrants thatin a maimer authorized by applicable Governmental Laws (defined below) and in the ordinary course of Tenant’s business. Tenant further covenants and agrees that it shall not discharge any Hazardous Material in the ground or sewer disposal system. If Tenant breaches the obligations stated in the preceding sentences, to or if the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal presence of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials Material on the Premises and to indemnifycaused by Tenant, defend and hold harmless its employees, contractors, invitees, agents, servants, subtenants or assigns, results in contamination of the Premises or any other part of the Property or if there is such a discharge, then Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise shall (a) before the commencement of the Term immediately give Landlord written notice thereof, and (b) be responsible for its indemnification obligations under Section 14.1 hereof which arise during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, term as a result of the negligent acts such breach, contamination, or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseesdischarge. The covenants foregoing indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision. Without limiting the foregoing, if the presence of any Hazardous Material within the Premises caused or permitted by Tenant results in any contamination of the Premises or any other part of the Building or Land, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises or any facility or property of Landlord to the condition existing prior to the introduction of any such Hazardous Material. Section 19.2 As used herein, the term “Governmental Laws” means all federal, state (including SUNY), regional, and indemnifications set forth in this Section 5.1.8 shall survive local statutes, ordinances, rules, regulations, guidelines, and the expiration like, and any notices and orders issued pursuant to any of the foregoing, concerning Hazardous Materials or earlier termination of this Leasepublic health and the environment. As used herein, the term “Hazardous Materials” means any pollutants, hazardous or toxic materials, substances or wastes, including, but not limited to: petroleum and petroleum products and derivatives; andasbestos; radon; polychlorinated bi-phenyls (PCBs); urea-formaldehyde foam insulation; explosives; radioactive materials; laboratory wastes, medical wastes and other regulated wastes (including, without limitation, contaminated clothing, body fluids, contaminated medical instruments and equipment, catheters, used bandages, gauzes, needles and other sharps); and any chemicals, materials or substances designated or regulated, as hazardous or as toxic substances, materials, or wastes under any Governmental Laws.

Hazardous Materials. Landlord represents and warrants thatCBC, Inc. shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept or used in or about the best of Landlord's knowledge as Licensed Facilities by CBC, Inc., its agents, principals, employees, contractors, consultants or invitees without the prior written consent of the date of this Lease (i) there does not exist SBBC’s Center administrator, which consent may be withheld for any leakreason whatsoever or for no reason at all. If CBC, spillInc. breaches the obligations stated in the preceding sentence, release, discharge, emissions or disposal if the presence of Hazardous Materials on Material upon the Lot Licensed Facilities caused or permitted by CBC, Inc. (including or the Building to be located thereonaforesaid others) results in (a) any contamination of the Licensed Facilities, the surrounding area(s), and the soil or surface or ground water or (iib) the Premises do not (and will not as loss or damage to person(s) or property, or if contamination of the date of Substantial CompletionLicensed Facilities or the surrounding area(s) contain by Hazardous Material otherwise occurs for which CBC, Inc. is legally, actually or factually liable or responsible to SBBC (or any Hazardous Materialsparty claiming, except as may by through or under SBBC) for damages, losses, costs or expenses resulting therefrom, then CBC, Inc. shall be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in solely responsible for all costs, expenses and amounts required to remediate, clean up and correct such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leakmatter and CBC, spill, release, discharge, emission or disposal of Hazardous Materials Inc. shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning further fully and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to completely indemnify, defend and hold harmless Tenant SBBC (or any party claiming by, through or under SBBC) from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses [including, without limitation: (i) 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 (a) before the commencement of the Term and (b) during or after the Term from term of this License Agreement or any renewal thereof, as a consequence of such contamination. This indemnification of SBBC by CBC, Inc. includes, without limitation, costs incurred in connection with any investigation or site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Licensed Facilities. 2.32.1 Without limiting the foregoing, if the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which ariseMaterial on, as a result under or about the Licensed Facilities or the surrounding area(s) caused or permitted by CBC, Inc. (or the aforesaid others) results in (a) any contamination of the negligent acts Licensed Facilities, the surrounding area(s), the soil or gross misconduct surface or ground water or (b) loss or damage to person(s) or property, then CBC, Inc. shall immediately notify SBBC of Tenantany contamination, its officersclaim of contamination, employeesloss or damage and, agentsafter consultation and approval by SBBC, contractors take all actions at CBC, Inc.’s sole expense as are necessary or licenseesappropriate to return the Licensed Facilities, the surrounding area(s) and the soil or surface or ground water to the condition existing prior to the introduction of any such Hazardous Material thereto, such that the contaminated areas are brought into full compliance with all applicable statutory regulations and standards. The covenants foregoing obligations and indemnifications set forth in this Section 5.1.8 responsibilities of CBC, Inc. shall survive the expiration or earlier termination of this Lease; andLicense. 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 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 have the right, 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 liable for any interference caused thereby. 2.32.4 Any non-compliance by CBC, 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 CBC, Inc. being required.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease (i) there does Tenant shall not exist any leak, spill, release, discharge, emissions cause or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of knowingly permit any Hazardous Materials on the Premises and (as defined below) to indemnifybe brought upon, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities kept or loss which arise (a) before the commencement of the Term and (b) during used in or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on about the Premises or the Complex in the Park caused directly violation of Applicable Laws by the negligent acts Tenant or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseesinvitees (collectively, "Tenant Parties"). The covenants Tenant shall indemnify, save, defend (at Landlord's option and indemnifications set forth with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnified Parties harmless from and against any and all losses, liability, claims, damages, expenses and causes of action ("Claims'') that are a direct result of the presence of any Hazardous Materials in, on, under or about the Property, any portion thereof, or any adjacent property, to the extent caused by Tenant Parties. This indemnification by Tenant includes reasonable costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental or quasi-governmental authority because of the foregoing breach by Tenant which caused Hazardous Materials to be present in the air, soil or groundwater above, on or under or about the Property in a manner that violates Applicable Laws and which was above levels that were present prior to the Effective Date hereof. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Property, any portion thereof, or any adjacent property, which is caused or knowingly permitted by Tenant results in any contamination of the Property, 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 Property, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination (or, if such mitigation is not practicable, then to such level as is in compliance with Applicable Laws); provided that L▇▇▇▇▇▇▇'s written approval of such 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 5.1.8 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 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 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 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 portion thereof, including without limitation the Premises, to investigate whether Hazardous Materials are present or that contamination has occurred due to Tenant or 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; andLease 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 16 below. F. As used herein, the term "Hazardous Material" means any hazardous or toxic

Hazardous Materials. Landlord represents and warrants thatWithout limiting the foregoing, Tenant shall not cause or permit any Hazardous Material (defined below) to be brought upon, kept or used in or about the best Premises or Complex by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord's knowledge as . Notwithstanding the foregoing, Tenant may use and store types and quantities of materials and substances which may be or contain hazardous substances, provided that the same are of the date type and in the quantities customarily found or used in offices for use of this Lease (i) there does not exist any leaksimilar businesses, spillincluding packaging materials, releasecommercial cleaning fluids and photocopier fluids. If Tenant breaches the obligations stated in the preceding sentence, discharge, emissions or disposal if the presence of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) Premises or Complex caused or permitted by Tenant results in contamination of the Premises do not (and will not as or Complex, or if contamination of the date of Substantial Completion) contain any Premises or Complex by Hazardous MaterialsMaterial otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials then Tenant shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Landlord harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of such contamination. This indemnification of Landlord includes, without limitation, the negligent acts obligation to reimburse Landlord for costs incurred in connection with any cleanup, remedial, removal or gross misconduct restoration work required by any federal, state or local governmental agency or political subdivision. Without limiting the foregoing, if the presence of any Hazardous Material in, on or about the Premises or Complex caused by or permitted by Tenant results in any contamination of the Premises or Complex, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises or Complex to the condition existing prior to the introduction of any Hazardous Material; provided, however, that Landlord’s approval of such action shall first be obtained. “Hazardous Material” shall mean, 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 promulgated in the future, as such 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 materials on the Premises. In all events, its officersTenant 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, employees, agents, contractors or licenseeselsewhere if caused by Tenant or persons acting under Tenant. The within covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andthe lease term.

Hazardous Materials. Landlord represents and warrants that10.6.1 Lessee shall not cause or permit any Hazardous Material to be brought upon, to kept or used in or about the best of Landlord's knowledge as Premises by Lessee, its agents, employees, representatives, subLessees, contractors, subcontractors, licensees, or invitees, without the prior written consent of the date of GJRAA. If Lessee breaches this Lease (i) there does not exist any leakobligation, spill, release, discharge, emissions or disposal if the presence of Hazardous Materials Material on the Lot (including the Building to be located thereon), Premises is caused or permitted by Lessee and (ii) the Premises do not (and will not as results in contamination of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to then Lessee shall indemnify, defend and hold the GJRAA harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence term of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, this Lease as a result of such contamination. This indemnification of the negligent acts GJRAA by Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or gross misconduct any cleanup, remediation,, or any removal or restoration work required by any Federal, State, or local government agency or political subdivision because of TenantHazardous Material present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises is caused or permitted by Lessee and it results in any contamination of the Premises, Lessee shall promptly take all actions, at its officerssole expense, employeesthat are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises, agents, contractors or licenseesprovided that the GJRAA's approval of such actions shall first be obtained. The covenants and indemnifications set forth Lessee's obligations in Paragraph 10 of this Section 5.1.8 Lease shall survive the expiration or earlier 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 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 or substance that is (i) defined as a "hazardous substance" under the applicable law, rule, or regulation; and(ii) petroleum;

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease (i) there does Tenant shall not exist use any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation Generator Equipment, except that Tenant may use diesel fuel stored in an above-ground, double walled steel tank (the “Fuel Tank”) and shall be contained within the Emergency Generator at the Generator Site (the exact location and size of loading docks) which Fuel Tank shall be approved by Landlord in accordance with the Building standards for approval set forth above in this Section 26.29), as result long as such fuel and Fuel Tank are kept, 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 stored in any area outside of the Emergency Generator. Tenant shall promptly, 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 negligent acts spill, release or gross misconduct other contamination of Landlord, Landlord shall take any and all actions necessary to bring the Premises, Generator Site and/or the Building Project to the extent caused or contributed to by Tenant’s use of the Generator Equipment (excluding all portions thereof leased including, without limitation, the fuel for the Emergency Generator), or leasable pertaining to tenants) into compliance with applicable law and or involving any such fuel or other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on brought onto the Premises and to Generator Site during the Lease Term by Tenant or any of Tenant’s agents, employees, contractors, licensees or invitees. Tenant shall indemnify, defend and hold Landlord and the Landlord Parties harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities and all Claims (other than the Excluded Claims) arising out of or loss which arise (a) before involving any Hazardous Materials brought onto the commencement of the Term and (b) during Generator Site by or after the Term from or for Tenant in connection with ▇▇▇▇▇▇’s activities under this Section 26.29. Tenant’s obligations shall include, but not be limited to, the presence effects of any contamination or suspected presence of Hazardous Materials on injury to person, property or the Premises environment created or in the Park caused directly suffered by the negligent acts Tenant or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers’s agents, employees, agentslicensees or invitees, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or earlier termination of this Lease; and. Tenant’s indemnity obligations hereunder shall not include any indirect, consequential or punitive damages.

Hazardous Materials. Landlord represents and warrants that, to the best The Premises shall not be used for any use which creates extraordinary fire hazards or results in an increased rate of Landlord's knowledge as of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials insurance on the Lot (including Building or its contents or the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery storage of any Hazardous Materials Material (as defined below). Without limiting the foregoing, Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises or Building or Appurtenant Facilities or the Land by Tenant, its employees, agents, contractors or invitees which would have a material adverse effect on the Building. As used herein, the term "Hazardous Material" shall mean any hazardous or toxic substance, material or waste, including but not limited to, those substances, materials and wastes now or hereafter listed in the United States Department of Transportation Hazardous Materials Table or by the Environmental Protection Agency as hazardous substances, or such substances, materials and wastes that are or become regulated under any applicable federal, state or local law, other than such substances, materials and waste that are used, treated, stored or disposed of in normal quantities that are consistent with the uses of the Premises for office and related uses, provided all such actions are in accordance with all federal, state and local statutes, rules, regulations and laws. Tenant expressly covenants that Tenant will advise Landlord immediately upon learning that a Hazardous Material has been brought upon the Premises or Building or Appurtenant Facilities or the Land, whether or not caused or permitted by Tenant and regardless of who shall have brought such Hazardous Materials thereon. If Tenant permits any Hazardous Materials to be brought upon, kept or used in or about the Premises or Building or Appurtenant Facilities or the Land, then Tenant shall take all steps reasonably necessary to safeguard against their discharge and Tenant shall indemnify, defend and hold Landlord harmless Tenant for any and its officers, employees and agents from and against any all material claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement losses, including but not limited to, diminution in value of the Term Premises, or Building or Appurtenant Facilities or the Land, damages for loss or restriction on use of rentable or usable space or of any amenity in the Premises or Building or Appurtenant Facilities or the Land, damages arising from adverse impact on marketing the Premises or Building or Appurtenant Facilities or the Land, and (b) sums paid in settlement of claims, attorneys' fees, consulting fees and expert fees, which solely arise during or after the Term from or as a result of such contamination. This indemnification of Landlord by Tenant includes but is not limited to costs incurred in connection with any investigation of sight conditions or clean-up, remedial removal or restoration work required by any federal, state or local government agency or political subdivision because of Hazardous Material present in the Premises or Building or Appurtenant Facilities or the Land, or the soil, or ground water on which the Building is located. Without limiting the foregoing, if the presence or suspected presence of any Hazardous Materials Material on the Premises or Building or Appurtenant Facilities or the Land caused or permitted by Tenant result in any contamination of the Park caused directly Premises or Building or Appurtenant Facilities or the Land, Tenant shall, upon request by Landlord, promptly take all actions at its sole expense that are necessary to return the negligent acts Premises or gross misconduct Building or Appurtenant Facilities or the Land to the condition existing prior the introduction or exposure of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of in the negligent acts Premises or gross misconduct of Tenant, its officers, employees, agents, contractors Building or licenseesAppurtenant Facilities or the Land. The covenants and indemnifications indemnity provision set forth in this Section 5.1.8 9b. shall survive the termination or expiration or earlier termination of this Lease; and.

Hazardous Materials. Landlord represents and warrants that, Tenant agree as follows with respect to the best existence or use of Landlord's knowledge 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 Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project is strictly prohibited. Tenant shall indemnify, 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 arise in any manner whatsoever out of the date use, storage, treatment, transportation, release, or disposal of this Lease any Hazardous Materials on or about the Project caused or permitted by Tenant or Tenant’s Agents. B. If the presence of Hazardous Materials in, on or about the 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 governmental agency having jurisdiction over such contamination, then Tenant shall promptly 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 solely responsible for, and shall defend indemnify and hold Landlord and its 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 Project to its condition existing prior to the appearance of such Hazardous Materials. C. Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) there does not exist any leak, spill, release, discharge, emissions or disposal of communication received from any governmental authority concerning Hazardous Materials on which relates to the Lot (including the Building to be located thereon)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 do not (and will not such other Hazardous Materials as are reasonably necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the date of Substantial Completion) contain any Hazardous Materials, except as Premises and which Landlord consents in writing may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in brought onto the Premises. Any such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal permitted use of Hazardous Materials shall occur be undertaken by Tenant, at its sole cost and expense, in strict compliance with all Laws (including without limitation, Hazardous Materials Laws), including the construction of any capital improvements that may be required by reason of such use of Hazardous Materials. At any time during the Lease Term, Tenant shall within five (5) days after written request therefore 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 installed on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning Project, and maintenance purposes or in connection with may cause the operation of loading docks) ground water to be tested to detect the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts use of such tests as are 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 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 gross misconduct toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of LandlordCalifornia or the United States government. In no event The term “Hazardous Materials” 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 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 Landlord be obligated to indemnify Tenant for mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andMaterials.

Hazardous Materials. Landlord represents and warrants Tenant agree that, during the Term, each will comply with all Laws, including, without limitation, all Environmental Laws, governing, and all procedures established by Landlord for the use, abatement, removal, storage, disposal or transport of any Hazardous Substances and any required or permitted alteration, repair, maintenance, restoration, removal or other work in or about the Premises that involves or affects any Hazardous Substances. Except for the lawful use of cleaning-agents used in the course of regular janitorial service, no Hazardous Substances will be stored, used, released, produced, processed or disposed in, on or about, or transported to or from, the Premises by Tenant or any of Tenant's agents, employees, contractors or invitees, without first obtaining Landlord's express written consent (any Hazardous Substances which are stored, used, released, produced, processed or disposed in, on or about, or transported to or from, the Premises by any of such persons or entities are called "Tenant's Hazardous Substances"). If such approval is granted, any such use, storage or production of the Hazardous Substances shall be done in compliance with all Environmental Laws. Tenant, at its expense, will take all action necessary to restore the Building and Premises to the best condition existing prior to the introduction of Landlord's knowledge as of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans Hazardous Substances, whether such action is required by any governmental authority in order to comply with applicable Laws or as may be contained by Landlord in customary cleaning supplies or in such other supplies that are necessary order for Landlord to perform its obligations hereundermake the same economic use of the Building, and Premises as Landlord could have made prior to the introduction of Tenant's Hazardous Substances. In Such action may include, without limitation, the event that investigation of the environmental condition of the Building or Premises, the preparation of remediation plans or feasibility studies and the performance of cleanup, remedial, removal or restoration work. Tenant will obtain Landlord's written approval before undertaking any such leakaction required by this Section 4.2(b), spillwhich approval will not be unreasonably withheld or delayed so long, release, discharge, emission or disposal of Hazardous Materials shall occur as the proposed actions will not have an avoidable material and adverse effect on the Lot or Building. Each party will indemnify and hold the other and the other's Affiliates harmless from and against any and all claims, costs and liabilities (apart from DE MINIMIS amounts including reasonable attorneys' fees) arising out of such materials used for cleaning and maintenance purposes or in connection with the operation any breach by such party of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseescovenants under this Section 4.2(b). The covenants and indemnifications set forth in parties' obligations under this Section 5.1.8 shall 4.2(b) will survive the expiration or earlier early termination of this Lease; andthe Term.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease Tenant shall (i) there does not exist cause or permit any leakHazardous Material to be brought upon, spillkept or used in or about the Building or the Property by Tenant, releaseits agents, dischargeemployees, emissions contractors or disposal invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Materials Material on the Lot (including Building or the Property caused or permitted by Tenant directly or indirectly results in contamination of the Building to be located thereon)or the Property, and (ii) the Premises do not (and will not as or if contamination of the date of Substantial Completion) contain any Building or the Property by Hazardous MaterialsMaterial otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials then Tenant shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Landlord harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, cost incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on or under the Building or the Property due to the actions of Tenant, its officersagents, employees, agents, contractors or licenseesinvitees. Without limiting the foregoing, if the presence of any Hazardous Material on the Building or the Property caused or permitted by Tenant results in any contamination of the Building or the Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building or the Property to the condition existing prior to the introduction of any such Hazardous Material to the Building or the Property; 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 Building or the Property. The covenants and indemnifications set forth in this Section 5.1.8 foregoing indemnity shall survive the expiration or earlier termination of this the Lease; and.

Hazardous Materials. Landlord 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 warrants thatregulations ("Applicable Environmental Laws"). Sublandlord and Subtenant agree that neither shall cause or permit to be brought upon, released, stored, treated, disposed of, generated or used in, on or about the Building, the Sublease Premises or the Land, any Hazardous Waste in violation of Applicable Environmental Laws except such deminimus quantities normally used in the operation of their respective businesses provided same is in compliance with all Applicable Environmental Laws. Subtenant shall promptly notify Sublandlord of any activity or operation to be conducted by Subtenant at the best of Landlord's knowledge as of Sublease Premises which involves the date of this Lease (i) there does not exist any leak, spilluse, release, dischargehandling, emissions generation, treatment, storage or disposal of any Hazardous Materials Waste. If at any time any Hazardous Waste is found in or on the Lot (including Building, the Building to be located thereon), and (ii) Sublease Premises or the Premises do not (and will not as of Land which was caused by or is the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct actions of LandlordSublandlord, Landlord Sublandlord at its sole cost and expense, shall take any remediate same to the extent required by and in accordance with all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating theretoApplicable Environmental Laws. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to Sublandlord shall indemnify, defend and hold harmless Tenant and Subtenant its officers, directors, agents and employees and agents from and against any all claims, obligations, demands, actions, proceedings, judgments, loss, damages, penalties, fines, costs, liabilities liability and all costs (including reasonable attorney fees) that Subtenant may sustain or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, incur as a result of or on account of the negligent acts noncompliance of the Sublease Premises with Applicable Environmental Laws caused by Sublandlord's actions. If at any time any Hazardous Waste is found on the Sublease Premises, the Building or gross misconduct the Land, which was caused by or is the result of Tenantthe actions of Subtenant, Subtenant, at its sole cost and expense, shall promptly remove same in accordance with all Applicable Environmental Laws and shall indemnify and hold 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 costs (including reasonable attorneys fees) which may be imposed or which Sublandlord may incur as a result of or on account of the noncompliance of the Sublease Premises with Applicable Environmental Laws caused by the actions of Subtenant, its employees, agents, agents or contractors or licenseesthe use, treatment, generation, production, manufacture, storage, sale or release or disposal of Hazardous Waste on the Sublease Premises on or 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, or the Land 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 immediately preceding sentence, Sublandlord makes no representations with respect to the UST removal procedure, any remediation which Overlandlord may have performed or the condition of the area surrounding the previous location of the UST. The covenants and indemnifications set forth in provisions of this Section 5.1.8 Paragraph 31 shall survive the expiration or earlier termination of this Lease; andSublease.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease Tenant shall (i) there does not exist cause or permit any leak"Hazardous Material" (as hereinafter defined) to be brought upon, spillkept, releaseor used in or about the Premises by Tenant, dischargeits agents, emissions employees, contractors or disposal invitees in any manner which shall cause contamination of the Premises or adjacent property. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials Material on the Premises and to caused or permitted by Tenant results in contamination of the Premises or any adjacent property, then Tenant shall indemnify, defend and hold Landlord harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises and/or adjacent property, damages for the loss or restriction on use of rentable or useable space or of any amenity of the Premises and/or adjacent property, damages arising from any adverse impact on marketing of the Premises and/or adjacent property, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise (a) before the commencement of the Term and (b) during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, Extended Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state or local governmental agency or subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on or under the Premises and/or adjacent property. Without limiting the foregoing, if the presence of Tenantany Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises and/or adjacent property, Tenant shall promptly take all actions at its officerssole expense as are necessary to return the Premises and/or adjacent property to the condition existing prior to the introduction of any such Hazardous Material to the Premises and/or adjacent property; provided that Landlord's approval of such actions shall first be obtained, employeeswhich approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises and/or adjacent property. As used herein, agentsthe term "Hazardous Material" means any hazardous or toxic substance, contractors material, or licenseeswaste, or any substance, materiel or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. Upon expiration or earlier termination of this Lease, Tenant shall duly execute and deliver to Landlord a certificate (the "Hazardous Waste Certificate") in the form on Exhibit C attached hereto. In the event Tenant shall fail to so deliver the Hazardous Waste Certificate, such failure shall, without further notice or the passage of time, constitute a default under the Lease and shall entitle Landlord to retain the entire security deposit held by Landlord, to be applied toward payment of the cost of assessing the presence of Hazardous Material on the Premises and/or adjacent property, and toward payment of all loss, cost, liability, damage and expense of Landlord arising as a result of any such contamination and toward such other costs and expenses of Landlord as Landlord may designate in its sole discretion. Nothing contained herein shall be deemed or construed to limit the liability of Tenant to Landlord hereunder for the breach of any covenant of Tenant under this Paragraph 44. The covenants and indemnifications set forth in provisions of this Section 5.1.8 Paragraph 44 shall survive the expiration or earlier termination of this Lease; andLease and Tenant's surrender the Premises to Landlord.

Hazardous Materials. Landlord represents and warrants that28.1 Tenant shall (1) not cause or permit any Hazardous Material to be brought upon, to kept or used in or about the best Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord's knowledge as . If Tenant breaches the obligations stated in the preceding sentence, or if contamination of the date of this Lease (i) there does not exist any leakPremises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials then Tenant shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Landlord harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement losses, including, without limitation, diminution in value of the Term and (b) during Premises, damages for the loss or after restriction on use of rentable or useable space or if any amenity of the Term Premises, damages arising from or in connection with the presence or suspected presence of Hazardous Materials any adverse impact on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on or under the Premises. Without limiting the foregoing, if the presence of Tenantany Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its officerssole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises; provided that Landlord's approval of such actions shall first be obtained, employeeswhich 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. 28.2 As used herein, agentsthe term "Hazardous Material" means any hazardous or toxic substance, contractors material or licenseeswaste, which is or becomes regulated by any local governmental authority, the State of Florida or the United States Government. The covenants term "Hazardous Material" includes, without limitation, any material or substance which is (i) defined as a "hazardous waste" under Section 403.703(2l), Florida Statutes (1987); (ii) defined as a "hazardous substance" under Section 403.703(20) Florida Statutes (1987); (iii) defined as a "toxic or otherwise hazardous substance" under Section 403.771 (2)(c), Florida Statutes (1987); (iv) defined as a "toxic substance" under Section 442.102(21), Florida Statutes (1987); (v) petroleum; (vi) asbestos; (vii) defined as a "hazardous substance" under Section 501.065(5), Florida Statutes (1987); (viii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. S 1617); (ix) defined as a "hazardous waste," pursuant to Section 1004 of the Federal Resource Conservation and indemnifications set forth in this Recovery Act, 42 U.S.C. SS 6901 et. seq., (42 U.S.C. S 6903); or (x) defined as a "hazardous substance" pursuant to Section 5.1.8 shall survive 101 of the expiration or earlier termination of this Lease; andComprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. SS 9601 et. seq. (42 U.S.C. S 9601).

Hazardous Materials. 40.1 Landlord represents and warrants that, to the best of its knowledge, the Premises are free of Hazardous Substances (including, without limitation, asbestos) at the time of delivery to Tenant. 40.2 Tenant shall not cause or permit any Hazardous Substances to be used, stored, generated, or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors, or invitees without first obtaining Landlord's knowledge as written consent. If Hazardous Substances are used, stored, generated, or disposed of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions on or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) in the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified permitted above, or if the Premises become contaminated in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary any manner for which Tenant is legally liable, Tenant shall indemnify and hold harmless the Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premisesclaims, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnifydamages, defend and hold harmless Tenant and its officers, employees and agents from and against any claimsfine, judgments, damages, penalties, fines, costs, liabilities or loss which arise losses (a) before the commencement including, without limitation, a decrease in value of the Term Premises, damages caused by loss or restriction of rentable or usable space, and (bany and all sums paid for settlement of claims, attorneys' fees, consultants' fees, and experts' free) arising during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, and arising as a result of that contamination by Tenant. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the negligent acts site or gross misconduct any cleanup removal, or restoration mandated by a federal, state, or local agency or political subdivision. 40.3 Without limitation of Tenantthe foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Premises and that results in contamination, Tenant shall promptly, at its officerssole expense, employees, agents, contractors or licenseestake any and all necessary actions to return the Premises to the condition existing prior to the presence of any such Hazardous Substance on the Premises. The covenants and indemnifications set forth Tenant shall first obtain Landlord's approval for any such remedial action. Notwithstanding anything to the contrary in this Section 5.1.8 39 or elsewhere in the Lease, Tenant's indemnification, defense, and hold harmless obligations shall survive not apply with respect to any Hazardous Substances in, on, under or about the expiration Premises as of the Commencement Date, unless caused by Tenant prior to the Commencement Date, nor to any Hazardous Substances that migrate to the Premises from off-site locations. 40.4 As used herein, "Hazardous Substances" means any substance that is toxic, ignitable, reactive, or earlier termination corrosive and that is regulated by any local government, the state of this Lease; andCalifornia, or the United States Government. "Hazardous Substance" includes any and all materials or substances that are defined as "hazardous waste," extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous Substance" includes, but is not restricted to, asbestos, polychlorobiphenyls ("PCBs") and petroleum.

Hazardous Materials. Landlord represents and warrants that34.1 Lessee shall not cause or permit any "Hazardous Material,, to be brought upon, kept, or used in or about the best Demised Premises by Lessee, its agents, employees, contractors or invitees. If Lessee breaches the obligations stated in the preceding sentence, or if the presence of Landlord's knowledge as Hazardous Material on the Demised Premises caused or permitted by Lessee results in contamination of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Demised Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to then Lessee shall indemnify, defend and hold Lessor harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or loss losses (including, without limitation, diminution in value of usable space or of 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 (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, lease term as a result of such contamination. This indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any investigation or 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 the negligent acts soil or gross misconduct ground water on or under the Demised Premises. Without limiting the foregoing, if the presence of Tenantany Hazardous Material on the Demised Premises caused or permitted by Lessee results in any contamination of the Demised Premises, Lessee shall promptly take all actions at its officerssole expense as are necessary to return the Demised Premises to the condition existing prior to the introduction of any such Hazardous Material to the Demised Premises; provided that Lessor's approval of such actions shall first be obtained, employeeswhich approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-tern effect on the Demised Premises. 34.2 As used herein, agentsthe term "Hazardous Material" means any hazardous or toxic substance, contractors material or licenseeswaste which is or becomes regulated by any local governmental authority, the State of Florida or the United states Government. The covenants 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 Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 51321), (v) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and indemnifications set forth in this Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. ss.6903), (vi) defined as a "hazardous substance" pursuant to Section 5.1.8 shall survive 101 of the expiration Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. ss.9601 et seq. (42 U.S.C. ss.9601) , or earlier termination (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of this Lease; andUnderground Storage Tanks), 42 U.S.C. ss.6991 et seq.

Hazardous Materials. Landlord represents Developer shall not cause or permit the escape, disposal, or release (as defined below) of any Hazardous Materials (as defined below). 4.24.1 Developer shall not allow any Hazardous Materials on the Property, except as authorized by law and warrants thatfor use in the ordinary course of Developer’s business, and then only in accordance with construction industry standards and after written notice is given to the City. The City may object to and prohibit the presence, storage, or use of any such Hazardous Materials on the Property in the City’s sole and absolute discretion. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any escape, disposal, or release of Hazardous Materials by Developer, then Developer shall be responsible for all costs. In addition, ▇▇▇▇▇▇▇▇▇ shall execute affidavits, representations, and the like from time to time at the City’s reasonable request, concerning ▇▇▇▇▇▇▇▇▇’s best of Landlord's knowledge as of and belief regarding the date of this Lease (i) there does not exist any leakpresence, spillescape, releasedisposal, discharge, emissions or disposal release of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord Property. 4.24.2 ▇▇▇▇▇▇▇▇▇ agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to defend, indemnify, defend and hold harmless Tenant and its officersthe City from any actions, employees and agents from and against any claims, judgments, damages, penaltiesor injury resulting from the presence, finesescape, costsdisposal, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence release of Hazardous Materials on the Premises Property occurring while Developer is in possession of the Property, or in elsewhere if caused by Developer or persons acting under Developer. Developer shall not be responsible for, and Developer shall not defend, indemnify, or hold harmless the Park caused directly City from any actions, claims, damages, or injury resulting from the presence, escape, disposal, or release of Hazardous Materials on the Property occurring prior to Developer’s possession of the Property (as established by the negligent acts Phase 1 and/or Phase 2 environmental site assessment, including all reports, surveys, and/or studies triggered by the Phase 2 environmental site assessment), or gross misconduct which may migrate onto the Property, at any time, from an adjacent property or properties at no fault of LandlordDeveloper. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 This covenant shall survive the expiration or earlier termination of this Lease; andContract. 4.24.3 In the event of a spill, release, escape, or discharge of Hazardous Materials (“release”) on the Property while Developer is in possession of the Property, or adjacent to the Property if caused by Developer or persons acting under Developer, Developer shall take immediate corrective action to correct or remove the cause of the release, shall contain, clean, remove, and remediate any resulting contamination, and shall restore the Property and any affected areas and waters to a condition that is acceptable to and that meets all applicable standards of the governmental agencies with applicable jurisdiction, such as the State Department of Health (“DOH”) and the United States Environmental Protection Agency (“EPA”). Developer shall also be responsible for all associated reporting requirements. Developer shall undertake all of these obligations at its sole cost and expense. 4.24.4 Developer shall maintain and employ debris, pollution, and contamination control measures, safeguards, and techniques to prevent debris, pollution, or contamination to ocean waters, streams, or waterways resulting from the activities of Developer, its contractors, subcontractors, and agents, in connection with the Property. 4.24.5 If Hazardous Materials are encountered on or adjacent to the Property, Developer shall immediately notify the City and shall immediately cease all activity that may disturb or otherwise contribute to a release. Developer shall not be responsible for such Hazardous Materials if Developer can establish, based upon the Phase 1 and/or Phase 2 environmental site assessment (including all reports, surveys and/or studies triggered by the Phase 2 environmental site assessment), that the Hazardous Materials were present before Developer occupied the Property, and were not the result of Developer’s use or occupancy of the Property. 4.24.6 Developer shall ensure that all waste generated from its demolition and construction activities shall be properly handled and disposed of, at its own expense, in accordance with all applicable laws and regulations. 4.24.7 For purposes of this Contract:

Hazardous Materials. Landlord Owner represents and warrants to Manager that, to Owner’s actual knowledge, the best Property is not in violation of Landlord's knowledge any federal, state or local law, ordinance or regulation relating to any Hazardous Materials (as defined below); to Owner’s actual knowledge, there exists no presence, use, treatment, storage, release or 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 stored on the Property; and there is not and has never been a landfill containing decomposable material, petroleum ▇▇▇▇▇, mineral-bearing mines, sewage treatment facilities, storage tanks, sink holes, radon or other toxic emissions in, on or under the Property. Notwithstanding anything to the contrary stated above, the 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 date of this Lease Agreement. Owner shall indemnify, defend and hold Manager, its officers, directors, employees and agents harmless from and against all fines, suits, procedures, claims, actions, costs or expenses whatsoever (including, without limitation, attorney and related expenses and sums paid in settlement of claims) arising out of or in any way connected with (i) there does not exist Owner’s breach or alleged breach of any leakof the foregoing environmental representations, spill, or (ii) any alleged or actual release, discharge, emissions spill or disposal discharge of Hazardous Materials on the Lot (including the Building to be located thereon)Property or any condition created by or arising from, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies whole or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leakpart, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnifyProperty, defend and hold harmless Tenant and its officersunless such release, employees and agents from and against spill, discharge or condition is caused by the gross negligence or willful misconduct of Manager. If any claimssuch release, judgmentsspill, damages, penalties, fines, costs, liabilities discharge or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of other Hazardous Materials on condition is caused by Manager’s gross negligence or willful misconduct, Manager shall, at Manager’s sole cost and expense, take all necessary actions to completely remedy the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials condition; provided that, Owner’s prior approval shall be required before Manager may commence any such remedial action, which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 approval shall survive the expiration or earlier termination of this Lease; andnot be unreasonably withheld.

Hazardous Materials. Landlord represents and warrants that, Tenant agree as follows with respect to the best existence or use of Hazardous Materials on the Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord's knowledge as , 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 arise in any manner whatsoever out of the date of this Lease (i) there does not exist any leakuse, spillstorage, treatment, transportation, release, discharge, emissions or disposal of Hazardous Materials (collectively, “Hazardous Material Activity”) on or about the Lot (including Project by Tenant or Tenant’s Agents after the Building Effective Date. The foregoing indemnity does not apply to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous MaterialsMaterial Activity by Landlord or any third parties, except as may be specified in other than Tenant or Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto’s Agents. Landlord agrees to notify Tenant immediately upon discovery during the Lease Term that Landlord will not engage in any Hazardous Material Activity in violation of any Hazardous Materials on Laws. B. If the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises 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 levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly 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, and shall defend, indemnify and hold Landlord and its agents harmless from and against all claims, costs and liabilities, including attorneys’ fees and costs, arising out of or in connection with any investigation and remediation required hereunder to return the Park caused directly 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, and (ii) any contamination of the Project by the negligent acts or gross misconduct Hazardous Materials which constitutes a violation of Landlord. In no event shall Landlord be obligated to indemnify Tenant for 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 Hazardous Materials as are necessary for the operation of Tenant’s business of which ariseLandlord 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 the Lease 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 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 Material by the use of such tests as are 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 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 California Administrative Code, Division 4, Chapter 20, (ii) defined as a result “hazardous waste” pursuant to Section 1004 of the negligent acts Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or gross misconduct (iii) defined as a “hazardous substance” pursuant to Section 101 of Tenantthe Comprehensive Environmental Response; Compensation and Liability Act, its officers42 U.S.C. 9601 et seq. (42 U.S.C. 960 1). As used herein, employeesthe term “Hazardous Material Law” shall mean any statute, agentslaw, contractors ordinance, or licensees. The covenants regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and indemnifications set forth in this Section 5.1.8 shall survive the expiration California Department of Health Services) which regulates the use, storage, release or earlier termination disposal of this Lease; andany Hazardous Material.

Hazardous Materials. (a) Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Premises by Tenant, its agents, employees, contractors, licensees or invitees, without the prior written consent of Landlord represents and warrants that, (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to the best of Landlord's knowledge as of reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the date of this Lease (i) there does not exist any leakPremises). If Tenant breaches the obligations stated in the preceding sentence, spill, release, discharge, emissions or disposal if the presence of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials Material on the Premises and caused or permitted by Tenant results in contamination of the Premises or Building Complex, or any part thereof, or if contamination of the Premises or Building 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, its agents, employees, legal representatives, successors and assigns, harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in or about the negligent acts Building Complex or gross misconduct the soil or ground water on or under the Building Complex. Without limiting the foregoing, if the presence of any Hazardous Material on or about the Building Complex caused or permitted by Tenant results in any contamination of any portion thereof, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building Complex to the condition existing prior to the introduction of any such Hazardous Material, subject to obtaining Landlord's 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, its officerstesting and removal or abatement activities, employeesthe scope of activities to be performed, agentsthe manner and method for performance of such activities, contractors and such other matters as may be required or licenseesrequested by Landlord for the safety of and continued use of the Building Complex and all occupants thereof. The covenants obligations and indemnifications set forth in this Section 5.1.8 liabilities of Tenant herein shall survive the expiration or earlier termination of this Lease; and.

Hazardous Materials. Landlord represents (1) Tenant covenants and warrants that, to the best of Landlord's knowledge as of the date of this Lease (i) there does agrees that it shall not exist cause or permit any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building as defined below) to be located thereon)brought upon, kept, or used in or about the Premises, Building or Project by Tenant, its agents, employees, contractors or invitees. The foregoing covenant shall not 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 (iid) all such substances and any equipment which generates such substances are removed from the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Project by Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; and. 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 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 and the approximate quantity of each such Hazardous Material so maintained by Tenant, together with written certification by Tenant stating, in substance, that neither Tenant nor any person for whom Tenant is responsible has released or discharged any Hazardous Materials in or about the Project. (2) In the event that Tenant proposes to conduct any use or to operate any equipment which will or may utilize or generate a Hazardous Material other than as specified in Section 8(C)(1) above, Tenant shall first in writing submit such use or equipment to Landlord for approval. No approval by Landlord shall relieve Tenant of any obligation of Tenant pursuant to this Section 8(C), 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 other communications

Hazardous Materials. Landlord represents and warrants that, Tenant agree as follows with respect to the best existence or use of Landlord's knowledge 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 Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project is strictly prohibited. Tenant shall indemnify, 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 arise in any manner whatsoever out of the date use, storage, treatment, transportation, release, or disposal of this Lease any Hazardous Materials on or about the Project caused or permitted by Tenant or Tenant’s Agents. B. If the presence of Hazardous Materials in, on or about the 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 governmental agency having jurisdiction over such contamination, then Tenant shall promptly 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 solely responsible for, and shall defend indemnify and hold Landlord and its 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 Project to its condition existing prior to the appearance of such Hazardous Materials. C. Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) there does not exist any leak, spill, release, discharge, emissions or disposal of communication received from any governmental authority concerning Hazardous Materials on which relates to the Lot (including the Building to be located thereon)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 do not (and will not such other Hazardous Materials as are reasonably necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the date of Substantial Completion) contain any Hazardous Materials, except as Premises and which Landlord consents in writing may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in brought onto the Premises. Any such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal permitted use of Hazardous Materials shall occur 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 may be required by reason of such use of Hazardous Materials. 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 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 installed on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning Project, and maintenance purposes or in connection with may cause the operation of loading docks) ground water to be tested to detect the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts 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 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 gross misconduct toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of LandlordCalifornia or the United States government. In no event The term “Hazardous Materials” 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 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 Landlord be obligated to indemnify Tenant for mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andMaterials.

Hazardous Materials. SECTION 13.01. Tenant shall act, at its expense, comply with all applicable laws, regulations, rules and orders, regardless of when they become or became effective, including without limitation those relating to health, safety, noise, environmental protection, waste disposal and water 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 thatto 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 of the date of this Lease (i) there does not exist any leaka treatment, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant site for any Hazardous Materials which ariseMaterial. 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 a result of the negligent acts now or gross misconduct of Tenantat any time hereafter in effect; and asbestos or any substance or compound containing asbestos, its officersPCB's or any other hazardous, employeestoxic or dangerous waste, agents, contractors substance or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andmaterial (hereinafter collectively referred to as "Environmental Laws").

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge 45.1 Tenant shall not cause or permit any Hazardous Material (as of the date of this Lease (idefined in Subsection 45.2 below) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)brought, and (ii) kept or used in or about the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous MaterialsProject by Tenant, except as may be specified in Tenant's Plans its agents, employees, contractors or as may be contained in customary cleaning supplies or in such other supplies that are necessary for invitees. Tenant hereby indemnifies Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any breach by Tenant of the obligations stated in the preceding sentence, and agrees to 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 loss and expert fees) which arise (a) before the commencement of the Term and (b) during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of such breach. This indemnification of Landlord by Tenant also includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on or under the Building which results from such a breach. Without limiting the foregoing, if the presence of any Hazardous Material caused or permitted by Tenant results in any contamination of the Project, Tenant shall promptly take all actions at its sole expense as are necessary to return the Project to the conditions existing prior to the introduction of such Hazardous Material; provided that the Landlord’s approval of such 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 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 remove, at its sole cost and expense, said asbestos or lead-based paint or take such steps to make the 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, its officershowever, employeesshall be responsible, agentsat Tenant’s own cost and expense, contractors or licensees. The covenants and indemnifications 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 this 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 5.1.8 311 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 its employees, representatives and agents shall survive have access to the expiration or earlier termination Premises during reasonable hours and upon reasonable notice to Tenant in order to conduct periodic environmental inspections and tests of this Lease; andHazardous Material contamination of the Building.

Hazardous Materials. Landlord represents and warrants that, Tenant agree as follows with respect to the best existence or use of Landlord's knowledge 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 date 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) there does not exist 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 leaksuch environmental condition was exacerbated by Tenant (or Tenant’s contractors, spillsubcontractors, releaseagents, dischargesubtenants, emissions 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 on that are allocated to them by the Lot Landlord’s flammable matrix, from time to time (including 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 be located thereonHazardous 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 to be brought upon, kept or used in or about the Premises or otherwise in the Building or on the Land by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord, except for Hazardous Materials which are typically used in the operation of offices or laboratories, including the Permitted Use as stated in Exhibit 1, provided that such materials are stored, used and disposed of in strict compliance with all 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 of Tenant's Hazardous Material 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 written notice from Landlord, no longer have the right to bring such material into the Premises, the Building or the Land until Tenant has demonstrated, to Landlord's reasonable satisfaction, that Tenant has implemented programs to thereafter properly handle, store or dispose of such material. (c) As used herein, the term “Hazardous Material”" means any hazardous or toxic 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" includes, without limitation, any material or substance which is (i) designated as a "hazardous substance" pursuant to Section 1311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1317), (ii) the Premises do not (and will not defined as a “hazardous waste” pursuant to Section 1004 of the date 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 Substantial Completionthe Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601), (iv) contain any Hazardous Materialsdefined as "hazardous substance" or "oil" under Chapter 21E of the General Laws of Massachusetts, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts 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 the preceding clauses (i) through (iv). The term “Medical Waste” shall mean the types of such materials medical waste described in any federal, state or local 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 for cleaning and maintenance purposes in or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on about the Premises or in the Park caused directly Project by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseesinvitees except in strict compliance with all applicable Environmental Laws and with generally accepted scientific and medical practice and protocols. The covenants Tenant shall comply with all applicable and indemnifications set forth 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 this Section 5.1.8 no event shall survive the expiration Tenant’s use or earlier termination of this Lease; andoccupancy 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. Landlord represents Client shall not use or permit flammable materials such as b▇▇▇▇▇▇, tissue paper, crepe paper, or other flammable items for decorations; and warrants thatall other materials used for decorative purposes must be treated with flame‑proofing and approved by the City's Fire Department. In addition, Client shall not, without the prior written consent of 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 best of Landlord's knowledge as of foregoing, Client shall restrict the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal use of Hazardous Materials on at the Lot (including Facility to those kinds of materials in small quantities that would be normally expected in conducting the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunderactivities permitted under this Agreement. In the event that any such leak, spill, release, discharge, emission or disposal of Such Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials only be used for cleaning in a safe and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord prudent manner and Client shall take any and all actions necessary precautions to bring the Premisesprevent releases of Hazardous Materials. Under no circumstances shall Client store, and/or the Building (excluding all portions thereof leased dispose or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery permit storage or disposal of any Hazardous Materials on at the Premises Facility. Client shall comply with all federal, state, and local laws, ordinances, and regulations concerning environmental laws and Hazardous Materials (including, without limitation, City's Hazardous Materials Management Program), and Client shall be responsible for reporting any Hazardous Material releases to indemnifythe appropriate public agencies. Client shall immediately notify the Director of any release. At Client's sole cost and expense, defend 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 removed. Client shall be solely and fully responsible and shall indemnify and hold City harmless Tenant and its officers, employees and agents from and against all loss, damage, liability (including all foreseeable and unforeseeable consequential damages) and expense (including, without limitation, the cost of any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement required clean‑up and remediation of the Term and (bHazardous Materials) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, arising as a result of the negligent acts presence or gross misconduct clean‑up of Tenant, its officers, employees, agents, contractors Hazardous Materials at the Facility caused in whole or licenseesin part by Client. The covenants and indemnifications set forth in Client's obligations under this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andAgreement. 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 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 the Safe Water and Toxic Enforcement Act of 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 other governmental agency now or hereafter authorized to regulate materials and substances in the environment. Without limiting the generality of the foregoing, the term "Hazardous Material" shall include all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time.

Hazardous Materials. Landlord represents and warrants that, Tenant agree that with respect to the best existence or use of Hazardous Materials (as defined as such under current laws or regulations as may be amended from to time) on the Property, any handling, transportation, storage, treatment, disposal or use of Hazardous Materials (other than the use of ordinary office and janitorial products), in any amount, by Tenant, Tenant’s agents, or any other party associated with Tenant must be absolutely and completely disclosed to and approved in writing by Landlord prior to its arrival in the Premises. Landlord may uncontestably withhold Landlord's knowledge as ’s approval at Landlord’s sole discretion. Any withholding from Landlord of information relating to Hazardous Materials used or stored by Tenant shall constitute a material default under the terms of the date Lease and shall be cause for lease termination at Landlord’s option. Any use or storage of this Lease (i) there does any disclosed Hazardous Materials in or about the Property, which use or storage shall have been approved by Landlord, shall strictly comply with all applicable Hazardous Materials laws. Tenant shall, upon request by Landlord, provide proof of approvals by the governing authorities. Landlord’s consent or approval once given shall not exist constitute approval for any leaksubsequent bringing of Hazardous Materials onto the Premises or Project. Tenant shall indemnify, spilldefend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the use, storage, treatment, transportation, release, discharge, emissions or disposal of Hazardous Materials on or about the Lot (including Leased Premises or the Building to be located thereon)Property by Tenant, and (ii) Tenant’s agents, permitees, or invitees. If the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises Leased Premises, the Building, or the Project caused or permitted by Tenant, Tenant’s agents, permitees, or invitees result in contamination or deterioration to any extent of water, soil, or any part of the Park caused directly by Leased Premises, the negligent acts Building, or gross misconduct of Landlord. In no event the Project, then Tenant shall Landlord be obligated promptly take any and all action necessary to indemnify Tenant for any remove said Hazardous Materials which arise, as a result and to return the Project (and any other property of whatever nature) to their condition existing prior to the negligent acts appearance of such Hazardous Materials. Landlord may at any time and at Tenant’s sole cost perform any tests or gross misconduct investigations (including the installation of Tenant, its officers, employees, agents, contractors or licenseestesting w▇▇▇▇) it deems appropriate to determine the presence of Hazardous Materials on the Project. The covenants and indemnifications set forth in terms of this Section 5.1.8 clause shall survive the expiration or earlier sooner termination of this Lease; and. To the best knowledge of Landlord, (a) no Hazardous Material is present on the Project or the soil, surface water or groundwater thereof, (b) no underground storage tanks are present on the Project, and (c) no action, proceeding or claim is pending or threatened regarding the Project concerning any Hazardous Material or pursuant to any environmental law. Under no circumstance shall Tenant be liable for, and Landlord shall indemnify, defend, protect and hold harmless Tenant, its agents, contractors, stockholders, directors, successors, representatives, and assigns from and against all losses, costs, claims, liabilities and damages (including reasonable attorneys’ and consultants’ fees) of every type and nature, directly or indirectly arising out of or in connection with any Hazardous Material present at any time on or about the Project, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any laws, orders, or regulations, relating to any such Hazardous Material except to the extent that any of the foregoing actually results from the release or emission of Hazardous Material by Tenant or its agents or employees in violation of applicable environmental laws.

Hazardous Materials. Landlord represents and warrants thatELC shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, to kept or used in or about the best of Landlord's knowledge as Leased Facilities by ELC, its agents, principals, employees, contractors, consultants or invitees without the prior written consent of the date of this Lease (i) there does not exist SBBC’s site administrator, which consent may be withheld for any leakreason whatsoever or for no reason at all. If ELC breaches the obligations stated in the preceding sentence, spill, release, discharge, emissions or disposal if the presence of Hazardous Materials on Material upon the Lot Leased Facilities caused or permitted by ELC (including or the Building to be located thereonaforesaid others) results in (a) any contamination of the Leased Facilities, the surrounding area(s), and the soil or surface or ground water or (iib) the Premises do not (and will not as loss or damage to person(s) or property, or if contamination of the date of Substantial CompletionLeased Facilities or the surrounding area(s) contain by Hazardous Material otherwise occurs for which ELC is legally, actually or factually liable or responsible to SBBC (or any Hazardous Materialsparty claiming, except as may by through or under SBBC) for damages, losses, costs or expenses resulting therefrom, then ELC shall be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in solely responsible for all costs, expenses and amounts required to remediate, clean up and correct such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials matter and ELC shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning further fully and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to completely indemnify, defend and hold harmless Tenant SBBC (or any party claiming by, through or under SBBC) from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses [including, without limitation: (i) 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 (a) before the commencement of the Term and (b) during or after the Term from term of this Lease Agreement or any renewal thereof, as a consequence of such contamination. This indemnification of SBBC by ELC includes, without limitation, costs incurred in connection with any investigation or site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Leased Facilities. 2.34.1 Without limiting the foregoing, if the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which ariseMaterial on, as a result under or about the Leased Facilities or the surrounding area(s) caused or permitted by ELC (or the aforesaid others) results in (a) any contamination of the negligent acts Leased Facilities, the surrounding area(s), the soil or gross misconduct surface or ground water or (b) loss or damage to person(s) or property, then ELC shall immediately notify SBBC of Tenantany contamination, its officersclaim of contamination, employeesloss or damage and, agentsafter consultation and approval by SBBC, contractors take all actions at ELC’s sole expense as are necessary or licenseesappropriate to return the Leased Facilities, the surrounding area(s) and the soil or surface or ground water to the condition existing prior to the introduction of any such Hazardous Material thereto, such that the contaminated areas are brought into full compliance with all applicable statutory regulations and standards. The covenants foregoing obligations and indemnifications set forth in this Section 5.1.8 responsibilities of ELC shall survive the expiration or earlier termination of this Lease; andLease 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 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 have the right, 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 liable for any interference caused thereby. 2.34.4 Any non-compliance by ELC with its duties, responsibilities and obligations under this Section shall constitute a default of this Lease Agreement, no notice of any nature from SBBC to ELC being required.

Hazardous Materials. Landlord represents and warrants thatLessee shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, to kept or used in or about the best Premises by Lessee, its agents, employees, contractors or invitees, without the prior written consent of LandlordLessor, which consent may be granted or withheld in Lessor's knowledge as of sole discretion. For the date purpose of this Lease (i) there does not exist "Hazardous Material" shall include oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitations, any leak"hazardous substances," "hazardous wastes," hazardous materials" or toxic substances" as such terms are defined in the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, spillCompensation and Liability Act, releaseand in any other law, dischargeordinance, emissions rule, regulation or disposal order promulgated by the federal or state government, or any other governmental entity having jurisdiction over the Complex or the parties to this Lease. If Lessee breaches the obligations set forth in this paragraph, or if the presence of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) Material in the Premises do not (and will not as or at the Complex, or if contamination of the date of Substantial Completion) contain any Complex by Hazardous MaterialsMaterial otherwise occurs for which Lessee is legally liable to Lessor for damage resulting therefrom, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials then Lessee shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Lessor harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, diminution in value of the Office Building Project, damages for the loss or restriction on use of rentable or useable space in or of any amenity of the Office Building Project, damages arising from any adverse impact on leasing space in the Office Building Project, sums paid in settlement of claims, and any attorneys' fees, consultant fees and expert fees which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence term of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, this Lease as a result of the negligent acts or gross misconduct such contamination. This indemnification of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 Lessor by Lessee shall survive the expiration or earlier termination of this LeaseLease and includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in, on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material caused or permitted by Lessee results in any contamination of the Complex, Lessee shall promptly take all actions, at its sole expense, as are necessary to return the Complex to the condition existing prior to the introduction of any such Hazardous Material; andprovided that 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 effects on the Complex.

Hazardous Materials. Landlord represents Lessee shall not cause or permit any Hazardous Material to be brought on or kept or used in or about the Leased Premises by Lessee, its agents, employees, contractors or invitees without the prior written consent of Lessor, which Lessor shall not unreasonably withhold so long as Lessee demonstrates to Lessor's reasonable satisfaction that the Hazardous Material is necessary or useful to Lessee's business and warrants thatwill be used, to kept and stored in a manner that complies with all laws, rules, statutes, and ordinances regulating any such Hazardous Materials so brought on or used or kept in or about the best premises. If Lessee breaches the obligation stated above in this paragraph, or if the presence of Landlord's knowledge as hazardous material on or about the premises caused or permitted by Lessee results in contamination of the date of this Lease (i) there does not exist any leakpremises, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as if contamination of the date of Substantial Completion) contain any premises or surrounding area by Hazardous MaterialsMaterial otherwise occurs for which the Lessee is legally liable to Lessor for damage resulting therefrom, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials Lessee shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Lessor completely harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise losses (a) before the commencement including, without limitation, diminution in value of the Term premises or the improvements thereon, damages for the loss or restriction on the use of rentable or usable space or of any immunity of the premises, damages arising from any adverse impact on marketing of space in the premises, and (bsums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) that arise during or after the Term from or in connection with the presence or suspected presence term of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, this Lease as a result of that contamination. This indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political LAW OFFICES YOUNG, ▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇ MARTINSVILLE, VA. subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on, under or about the premises. Without limiting the foregoing, if the presence of Tenantany Hazardous Material on or about the premises caused or permitted by Lessee results in the contamination of the premises or surrounding area or causes the premises or surrounding area to be in violation of any laws, rules, statutes or ordinances, Lessee shall promptly take all actions at its officerssole expense as is necessary to return the premises and surrounding area to the condition existing before the introduction of any such Hazardous Material, employeesprovided, agentsthat Lessor's approval of those actions shall first be obtained, contractors which approval shall not be unreasonably withheld so long as those actions would not potentially have any material adverse long-term or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive short-term effect on the expiration premises or earlier termination of this Lease; andsurrounding area.

Hazardous Materials. Landlord represents and warrants that, to 47.1 To the best of Landlord's ’s knowledge as (without any inquiry or investigation), no chemical substances, asbestos or asbestos-containing materials, formaldehyde, polychlorinated biphenyls, and no toxic, carcinogenic, radioactive, dangerous or hazardous material, substance, waste, contaminant, or pollutant regulated now or hereafter by any governmental entity or agency (collectively, “Hazardous Materials”) currently exist in the Building or on the Land or previously existed on the Land in violation of applicable governmental regulation. Throughout the Lease Term, Landlord shall not knowingly cause, permit or allow any Hazardous Materials to be placed, stored, dumped, dispensed, released, discharged, used, sold, transported, or located on or within any portion of the date of this Lease (i) there does not exist any leakPremises, spillthe Building or the Land by itself or its servants, releaseagents, dischargeand employees; provided, emissions or disposal however, minor quantities of Hazardous Materials may be used or stored in the Building and on the Lot (including 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 located thereon), and (ii) the Premises do not (and will not as on or within any portion of the date of Substantial Completion) contain any Hazardous MaterialsPremises, except as may be specified in Tenant's Plans the Building or as may be contained in customary cleaning supplies the land by itself or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leakservants, spillagents, releaseemployees, dischargecontractors, emission subcontractors, licensees, assignees or disposal subtenants; provided, however, minor quantities of Hazardous Materials shall occur on may be used or stored in the Lot or (apart from DE MINIMIS amounts of such materials used Premises for cleaning and maintenance purposes only or in connection with the use of office equipment and the normal operation of loading docks) Tenant’s office only, so long as such quantities and the Building as result use thereof are permitted by or are exempt from applicable governmental regulation. Tenant agrees to give Landlord prompt written notice of any negligent acts discovery, discharge, release or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased threatened discharge or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery threatened release of any Hazardous Materials on or about the Premises, the Building or the Land. Tenant agrees to promptly clean up any Hazardous Materials which are placed in the Premises or on the Land by Tenant or its servants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants and to indemnifyremediate and remove any such contamination relating to the Premises, defend the Building and/or the Land, as appropriate, at Tenant’s cost and expense, in compliance with all applicable laws, ordinances, rules and regulations then in effect and to Landlord’s satisfaction, at no cost or expense to Landlord. Additionally, Tenant hereby agrees to indemnify and hold harmless Tenant Landlord and its Landlord’s partners, officers, directors, members, affiliates, employees and agents from and against any claimsall loss, judgmentscost, damagesdamage, penalties, fines, costs, liabilities or loss which arise liability and expense (aincluding attorneys’ fees and expenses) before the commencement of the Term and (b) during or after the Term arising from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated relating to indemnify Tenant for any Hazardous Materials which ariseare placed in the Premises or the Building or on the Land by Tenant or its servants, as a result of the negligent acts or gross misconduct of Tenant, its officersagents, employees, agentscontractors, contractors subcontractors, licensees, assignees or licensees. subtenants. 47.3 The covenants terms and indemnifications set forth provisions in this Section 5.1.8 Paragraph 47 shall survive the expiration termination or earlier termination expiration of this Lease; and.

Hazardous Materials. Landlord represents and warrants thatContractor’s Responsibilities with Respect to Hazardous Materials: The scope of Work the Contractor is to perform pursuant to this Contract excludes any work or service of any nature associated or connected with the discovery, to identification, abatement, cleanup, control, or removal of any currently existing Hazardous Materials or Mold on, in, or nearby the best of Landlord's knowledge as site of the date of this Lease (i) there does not exist any leakWork. When requesting cost proposals, spill, release, discharge, emissions or disposal of the Agency will identify known Hazardous Materials on or Mold on, in, or nearby the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as site of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies Work. The Agency agrees that are necessary for Landlord to perform its all duties and obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials or Mold currently located in, on or nearby the Premises and to indemnifySite or brought into the Site by a party other than the Contractor or its subcontractors, defend and hold harmless Tenant and its officersother than those defined in the Contract affected by the Hazardous Material or Mold, employees and agents from and against any claimsare not the Contractor’s responsibility. Should the Contractor become aware, judgments, damages, penalties, fines, costs, liabilities discover or loss which arise (a) before based on reasonable evidence suspect the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or Mold beyond those addressed in the Park caused directly contract documents affected by the negligent acts Hazardous Material or gross misconduct Mold, the Contractor will immediately cease work in the affected area, and will promptly notify the Agency of Landlordthe conditions discovered. In no event shall Landlord Should the Contractor stop work because of such discovery or suspicion of Hazardous Materials or Mold, then the Contract Time will, should the Agency elect to choose to continue the Work after remedy thereof, be obligated reasonably extended by Change Order to indemnify Tenant cover the period required for abatement, cleanup, or removal of the Hazardous Materials or Mold. The Contractor will not be held responsible for any Hazardous Materials claims, damages, costs, or expenses of any kind associated with such period during which arise, work has been stopped as a result of Hazardous Materials or Mold. Hazardous Materials Introduced to the Site by Contractor: If the Contractor, its subcontractors, and any party for whom they may be liable, introduces any Hazardous Materials to the Site then the Contractor, at its sole cost and expense, shall be responsible for any response, removal, cleanup, and/or other remedial action required by applicable law. If any Mold occurs within the Site as the result of the negligent acts implementation of the Project or gross misconduct the improper functioning of Tenantthe Conservation Measures, then the Contractor, at its officerssole cost and expense, employeesshall be responsible for any response, agentsremoval, contractors cleanup, or licenseesother remedial action required by applicable law. The covenants Except as to the Contractor’s initial response to an emergency, any such remedial action(s) shall require the prior review and indemnifications set forth in this Section 5.1.8 shall survive approval of the expiration or earlier termination of this Lease; andAgency.

Hazardous Materials. Landlord represents and warrants thatthat it has no knowledge of any present or past Hazardous Waste contamination, to spills or violations in the best of Landlord's knowledge as of the date of this Lease Building. (a) Tenant shall (i) there does not exist cause or permit any leakHazardous Material to be brought upon, spillkept, releaseor used in or about the Premises by Tenant, dischargeits agents, emissions employees, contractors, licensees or disposal invitees, without 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 and stored in a manner that complies with all laws regulating any such Hazardous Materials so brought upon or used or kept in or about the Premises). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials Material on the Premises and caused or permitted by Tenant results in contamination of the Premises or Building, or any part thereof, or if contamination of the Premises or Building by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord, its agents, employees, legal representatives, successors and assigns, harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, 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 or about the negligent acts Building or gross misconduct of Tenant, its officers, employees, agents, contractors the soil or licenseesground water on or under the Building. The covenants obligations and indemnifications set forth in this Section 5.1.8 liabilities of Tenant herein shall survive the expiration or earlier termination of this Lease; and

Hazardous Materials. Landlord represents 7.1 Prohibition and warrants thatIndemnity With Respect to Hazardous Materials. Except as stated below, Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the best Premises by Tenant or Tenant Parties without the prior written consent of Landlord. Tenant may, at Tenant's knowledge as risk, bring, store and use reasonable quantities of Permitted Hazardous Materials in the Premises for their intended use. If Tenant violates this provision, or if contamination of the date Premises or the Real Property by Hazardous Material occurs for which Tenant or any Tenant Party is responsible, or if Tenant's activities or those of this Lease (i) there does not exist any leak, spill, release, discharge, emissions Tenant Parties result in or disposal of cause a Hazardous Materials on the Lot (including the Building to be located thereon)Claim, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials then Tenant shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend defend, protect and hold Landlord and Landlord Parties harmless Tenant and its officers, employees and agents from and against any and all claims, judgments, damages, penalties, fines, costs, expenses, liabilities or losses (including, without limitation, diminution in value of the Premises or the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys' fees, consultants' fees and experts' fees) (collectively, "Claims") which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision because of any Hazardous Material present in the negligent acts soil or gross misconduct of Tenant, its officers, employees, agents, contractors ground water on or licenseesunder the Premises. The covenants and indemnifications set forth in this Section 5.1.8 foregoing indemnity shall survive the expiration or earlier termination of this Lease; and. Landlord may, at Landlord's risk, bring, store, and use reasonable quantities of Permitted Hazardous Materials in the Building or Project for their intended use. With respect to any Hazardous Materials kept on or about the Project or Building by Landlord, Landlord shall comply with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment and disposal of Hazardous Materials.

Hazardous Materials. Landlord represents (a) Borrower shall keep and warrants thatmaintain the Property (including but not limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and may not cause or permit the Property to be in violation of any Hazardous Materials Law. Borrower may not cause or permit the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leakuse, spillgeneration, releasemanufacture, discharge, emissions storage or disposal of Hazardous Materials on on, under, or about the Lot (including Property or transportation to or from the Building to be located thereon), and (ii) the Premises do not (and will not as Property of the date of Substantial Completion) contain any Hazardous Materials, except such of the foregoing as may be specified customarily used in Tenant's Plans construction of projects like the Development or as may be contained kept and used in customary cleaning supplies or and about residential property of this type. (b) Borrower shall immediately advise the County in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that writing if at any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery time it receives written notice of any Hazardous Materials Claims, and Borrower's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be subject to any restrictions on the Premises ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. (c) The County has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to the County (or counsel of its own choice if a conflict exists with Borrower) in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to indemnify, defend have its reasonable attorneys' fees in connection therewith paid by Borrower. (d) Borrower shall indemnify and hold harmless Tenant the County and its officersboard members, employees and agents from and against any claimssupervisors, judgmentsdirectors, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors successors and assigns from and against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or licensees. The covenants liability, directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use, generation, manufacture, storage, release, threatened release, discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and indemnifications set forth (v) the breach of any representation of warranty by or covenant of Borrower in this Section 5.1.8 4.6, and Section 5.1(l). Such indemnity shall include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by the County in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property, (2) loss or restriction of use of rentable space on the Property, (3) adverse effect on the marketing of any rental space on the Property, and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive the expiration or earlier termination of this LeaseAgreement and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by the County of Hazardous Materials. (e) Without the County's prior written consent, which will not be unreasonably withheld, Borrower may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in the County's judgment, impair the value of the County's security hereunder; andprovided, however, that the County's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain the County's consent before taking such action, provided that in such event Borrower shall notify the County as soon as practicable of any action so taken. The County agrees not to withhold its consent, where such consent is required hereunder, if: (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Borrower will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action;

Hazardous Materials. Landlord represents and warrants thatTenant shall not cause or permit any Hazardous ------------------- Material to be brought upon, to kept, or used in or about the best of Landlord's knowledge as Demised Premises by Tenant, its agents, employees, contractors or invitees. If contamination of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Demised Premises by Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not Material occurs as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as a result of any negligent acts act or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials omission on the Premises and to part of Tenant, its agents, employees, contractors or invitees then Tenant shall indemnify, defend and hold the Landlord harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, lease term as a result of such contamination, This obligation to indemnify includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on or under the Demised Premises Without limiting time foregoing, if tire presence of Tenantany Hazardous Material on the Demised Premises caused or permitted by Landlord or Tenant results in any contamination of the Demised Premises, then the Tenant shall promptly take all actions at its officerssole expense as are necessary to return the Demised Premises to the condition existing prior to the introduction of any such' Hazardous Material to the Demised Premises; provided that Landlords approval of such actions shall first be obtained, employees, agents, contractors which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive short-term effect on the expiration or earlier termination of this Lease; andDemised Premises.

Hazardous Materials. Landlord represents and warrants that(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 best Effective Date, but Tenant may not: (1) cause or permit the escape, disposal, or release in the Leased Premises or the Building of Landlord's knowledge 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 (i) there does not exist from any leak, spill, release, discharge, emissions or disposal release of Hazardous Materials Substances in or on the Lot (including Leased Premises or the Building to be located thereon)caused or permitted by any Tenant or Tenant’s employees. (e) Landlord may not cause or permit the escape, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materialsdisposal, except as may be specified or release in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and Substances or bring, or knowingly permit any tenant to indemnifybring, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result Substances into the Building. (f) The provisions of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall 9.05 survive the expiration or earlier termination of this Lease; and.

Hazardous Materials. Landlord represents Tenant and warrants thatits Affiliated Parties shall not manufacture, to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leakgenerate, spilltreat, transport, dispose of, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)store on, and (ii) under or about the Premises do not or the Project (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified reasonably required in the ordinary course of Tenant's Plans ’s business operations in the Premises or as may be contained for routine maintenance thereof, to the extent used in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable laws), any asbestos, petroleum or petroleum products, explosives, toxic materials, or substances defined as hazardous wastes, hazardous materials, or hazardous substances under any federal, state, or local law and other governmental requirements relating theretoor regulation (“Hazardous Materials”). Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to shall indemnify, defend and hold harmless Tenant and its officers, employees and agents defend (with counsel reasonably approved by Landlord) Landlord from and against any claims, judgments, damages, penalties, finesliabilities, and costs (including reasonable attorneys’ fees and expenses and court costs, liabilities ) caused by or loss which arise arising out of: (ai) before the commencement a violation of the Term foregoing prohibition by Tenant or (ii) the presence of any Hazardous 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 (b) during repair any soil or after the Term from or in connection with ground water contamination and damage caused by the presence or suspected 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 Premises or the Project by Tenant, (ii) upon receiving any notices from governmental agencies pertaining to Hazardous Materials which may affect the Premises or the Project, or (iii) upon receipt of notice of pending or threatened claims against Tenant or the Project due to the presence or release of Hazardous Materials on or about the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseesProject. The covenants and indemnifications set forth in this Section 5.1.8 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; and, 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 extent arising from the actions or omissions of Landlord, its Affiliated Parties, or any prior owner of the Premises or the Project.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease Lessee shall (i) there does not exist cause or permit any leakHazardous Material to be brought upon, spillkept or used in or about the Premises by Lessee, releaseits agents, dischargeemployees, emissions contractors or disposal invitee, without the prior written consent of Lessor (which consent Lessor shall not unreasonably withhold as long as Lessee demonstrates to Lessor's reasonable satisfaction that such Hazardous Material is necessary or useful to Lessee's business and will be used, kept and stored in a manner that complies with all laws relating to any such Hazardous Material so brought upon or used or kept in or about the Premises). If Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials Material on the Premises and caused or permitted by Lessee results in contamination of the Premises by Hazardous Material otherwise occurs for which Lessee is legally liable to Lessor for damage resulting therefrom, then Lessee shall indemnify, defend and hold Lessor harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or to any amenity of the Premises, damages arising from any adverse impact on marketing of the Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, lease term as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseessuch contamination. The covenants and indemnifications indemnification set forth herein shall run to the benefit of any bank or other lender to which Lessor or Lessor's successors and assign may grant a security interest in this Section 5.1.8 the Property and or the Premises. This indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Lessee results in any contamination of the Premises, Lessee shall survive promptly take all actions at its sole expense as are necessary to return the expiration Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises; provided that 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 earlier termination of this Lease; andshort-term effect on the Premises.

Hazardous Materials. Landlord represents and warrants that22.1. Tenant shall not cause or (during the Lease Term) permit any Hazardous Materials (as defined below) to be brought upon, to kept or used in or about the best Premises or the Project in violation of Landlord's knowledge Applicable Laws by Tenant, its agents, employees, contractors or invitees. If Tenant breaches such obligation, or if the presence of Hazardous Materials as a result of such a breach results in contamination of the date Premises or the Project or any adjacent property, or if contamination of the Premises or the Project or any adjacent property by Hazardous Materials otherwise occurs during the Term of this Lease (i) there does not exist or any leakextension or renewal hereof or holding over hereunder, spillthen Tenant shall indemnify, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnifysave, defend and hold Landlord, its agents and contractors harmless Tenant and its officers, employees and agents from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise and losses (a) before the commencement including, without limitation, diminution in value of the Term 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 (bsums paid in settlement of claims, attorneys’ fees, consultants’ fees and experts’ fees) that arise during or after the Term as a result of such breach or contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on or under the Premises during the Term or due to Tenant’s breach of this Lease. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises or the Project or any adjacent property caused or permitted by Tenant results in any contamination of the Premises or the Project or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises or the Project and any adjacent property to their respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises or 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 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 and all governmental approvals or permits required in connection with the presence of such 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 suspected presence 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 on 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 Park caused directly by Premises or the negligent acts or gross misconduct Project for the closure of Landlordany such storage tanks. In no event Tenant shall not be required, however, to provide Landlord be obligated with any portion of the Documents containing information of a proprietary nature that, in and of themselves, do not contain a reference to indemnify Tenant for 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 arisethe 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 negligent acts property in question, then Landlord may reasonably refuse to consent to a proposed transfer, assignment or gross misconduct 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 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, its officersTenant shall monitor the storage tanks, employeesmaintain appropriate records, agentsimplement reporting procedures, contractors properly close any underground storage tanks, and take or licenseescause to be taken all other steps necessary or required under the Applicable Laws. 22.6. The covenants and indemnifications set forth in Tenant’s obligations under this Section 5.1.8 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 this Lease; and, which 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. Landlord represents Lessee shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about the Leased Premises, or the building or buildings in which the Leased Premises is located (the “Building”), by Lessee, its agents, employees, contractors, or invitees, without the prior written consent of Lessor (which Lessor shall not unreasonably withhold as long as Lessee demonstrates to Lessor’s reasonable satisfaction that such Hazardous Material is necessary or useful to Lessee’s business and warrants thatwill 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 Leased Premises, and such storage will not create an undue risk to other tenants of the Building, giving consideration to the best of Landlord's knowledge as nature of the date of this Lease (i) there does not exist any leakBuilding and its tenants). If Lessee breaches the obligations stated in the preceding sentence, spill, release, discharge, emissions or disposal if the presence of Hazardous Materials Material is detected on the Lot (including Leased Premises or the Building to be located thereon)Building, and (ii) the Premises do not (and will not as or if contamination of the date of Substantial Completion) contain any Leased Premises or the Building, by Hazardous MaterialsMaterial otherwise occurs for which Lessee is legally liable to Lessor for damage resulting therefrom, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials then Lessee shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Lessor harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in value of the Leased Premises, and the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased Premises or the Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise (a) before the commencement of the Term and (b) during or after the Lease Term from or as a result of such contamination. This indemnification of Lessor by Lessee includes, without limitation, the obligation to reimburse 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 Leased Premises or the Building, or in the soil or ground water on or under the Premises or the Building. Without limiting the foregoing, if the presence of any Hazardous Material in, on or suspected presence about the Premises or the Building caused or permitted by Lessee results in any contamination of the Premises or the Building, Lessee shall promptly take all actions at its sole expense as are necessary to return the Leased Premises or the Building to the condition existing prior to the introduction of any such Hazardous Materials Material thereto; provided that 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 or the Building or exposes Lessor to any liability therefore and such actions are undertaken in accordance with all applicable laws, rules and regulations and accepted industry practices. The term “Hazardous Materials”, when it appears in this Agreement, is used in the Park caused directly broadest sense and shall mean oil, any petroleum based product or derivative (and any fraction thereof), any petroleum additive, pesticides, paints, solvents, polychlorinated biphenyls, lead, cyanide, DDT, acids, bases, ammonium compounds, ethylene glycol, antifreeze, asbestos (in any form), chemicals, pollutants, contaminants, irritants, wastes or any substance or material defined or designated as hazardous, toxic, regulated, or other similar term, by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andLaws.

Hazardous Materials. Tenant shall not cause or suffer or permit any ------------------- Hazardous Materials to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or any other portion of the Project by Tenant or any of Tenant's Agents or by anyone in the Premises (other than Landlord represents and warrants thator Landlord's contractors, subcontractors, agents, servants or employees (collectively, "Landlord's Agents")), except to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of extent such Hazardous Materials on the Lot (including the Building to be located thereon), are customarily kept or used by typical office tenants and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation data center uses and are kept, used and disposed of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into in strict compliance with applicable law all laws, ordinances and other governmental requirements regulations relating theretoto Hazardous Materials. Landlord agrees to notify If Tenant immediately upon discovery breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Materials Material on the Premises and to 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 or any other portion of the Project, or if contamination of the Premises or any other portion of the Project by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, expenses and losses (including without limitation diminution in value of the Project, damages for the loss of restriction on use of leasable space or loss 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 (a) before the commencement of the Term and (b) during or after the Term from or of this Lease as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of any Hazardous Material present in the soil or groundwater on or under the Premises or any other portion of the Project. Without limiting the foregoing, if the presence or suspected presence of any Hazardous Materials Material on the 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 Park caused directly by the negligent acts Premises (other than Landlord or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for 's Agents) results in any Hazardous Materials which arise, as a result contamination of the negligent acts Premises or gross misconduct any other portion of Tenantthe Project, Tenant shall, at its officerssole cost and expense, employeespromptly take all actions necessary to return the Premises and all other portions of the Project affected to the condition existing prior to the introduction of any such Hazardous Material to the Premises or other portions of the Project, agentsprovided that Landlord's approval of such actions shall first be obtained, contractors which approval shall not be unreasonably withheld if such actions would not potentially have any material adverse effect on the Premises or licenseesany other portion of the Project. The covenants and indemnifications set forth Nothing in this Section 5.1.8 9.4 shall survive impose any obligation or liability upon Tenant whatsoever with respect to Hazardous Materials except to the expiration extent introduced to the Project or earlier termination any part thereof by Tenant, any of this Lease; andTenant's Agents or any of Tenant's customers, vendors or other invitees.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge Tenant shall not cause or permit any Hazardous Material (as of the date of this Lease (idefined below) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)brought upon, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materialskept, except as may be specified or used in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring about the Premises, and/or 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 (excluding all portions thereof leased and Project, giving consideration to the nature of the Project and Building). If Tenant breaches the obligations stated in the preceding sentence, or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery if the presence of any Hazardous Materials Material on the Premises and 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 Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, 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 13 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 (a) before the commencement of the Term and (b) during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, the negligent acts obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or gross misconduct any cleanup, remedial, removal or restoration work required by any federal , state, or local governmental agency or political subdivision because of TenantHazardous 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 officerssole expense as are necessary to return the Premises, employeesthe 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, agentswhich 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, contractors Building or licensees. The covenants Project or exposes Landlord to any liability therefor and indemnifications set forth such actions are undertaken in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andaccordance with all applicable laws, rules and regulations and accepted industry practices.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as MERA understands that Lessor has undertaken no investigation of the date of this Lease (i) there does Space with respect to whether or not exist any leakthe Lease Space has been used for the generation, spillstorage, release, discharge, emissions treatment or disposal of Hazardous Materials on hazardous materials (as defined in “14 A through 14 E” below) and, with this qualification, Lessor represents that it has no present knowledge that the Lot (including Lease Space has been so used in connection with hazardous materials. MERA shall not use, store, or bring onto the Building to be located thereon)Property or Lease Space any hazardous materials except in accordance with all federal, state and (ii) the Premises do not (local laws and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunderregulations. In the event that of leakage or spillage from any such leakof MERA’s equipment or any vehicle under the control or custody of MERA or any contractor or agent for MERA, spillMERA shall at its own expense promptly clean the Lessor’s Property and Lease Space to the reasonable satisfaction of Lessor, release, discharge, emission or disposal the Environmental Protection Agency and any public body having jurisdiction in the matter. Any expense of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into required compliance with applicable law federal, state, or local environmental regulations incurred by Lessor or MERA as a direct consequence of MERA’s use of the Property or the Lease Space shall be borne by MERA, including any fines and other governmental requirements relating theretojudgments levied against Lessor. Landlord MERA agrees that in the event that MERA uses, stores, or brings onto the Property or Lease Space any hazardous materials and such act(s) result(s) in damage or injury to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and Property or Lease Space, or to indemnifyLessor, defend 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 Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent 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 matter. Any expense of required compliance with federal, state or 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 gross misconduct brings onto the Property or Lease Space, any hazardous materials and such act(s) result(s) in damage or injury to MERA, or any of Tenant, its officers, 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 licenseesinjury, including, without limitation to, promptly cleaning MERA’s Lease Space to the reasonable satisfaction of MERA, the Environmental Protection Agency and any public body having jurisdiction in the matter. The covenants Any expense of required compliance with federal, state or local environmental regulations incurred as the result of the above-mentioned acts by Lessor shall be borne by Lessor, including any fines and indemnifications set forth 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 5.1.8 shall survive 1910.1200, or their successors; D. Any such materials regulated under state or local environmental laws and regulations similar to the expiration foregoing federal authorities listed in A-C above, or earlier termination of this Leasetheir successors; and E. Any materials not covered by, or exempted from, the sources listed in paragraphs A- D above or their successors, that may nevertheless pose a threat to human health or welfare or to the environment including, without limitation, petroleum, including crude oil or any fraction thereof, and radon.

Hazardous Materials. (i) Tenant shall not cause or permit any Hazardous Material (as defined in Section 24.M(iii) below) to be brought, kept or used in or about the Building by Tenant, its agents, employees, contractors or invitees. Tenant hereby indemnifies Landlord represents from and warrants that, to the best of Landlord's knowledge as against any breach by Tenant of the date obligations stated in the preceding sentence, and agrees to 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 fees, and expert fees) which arise during or after the term of this Lease as a result of such breach. This indemnification of Landlord by Tenant includes, without limitation, costs 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 the soil or ground water on or under the Building which results from such a breach. Without limiting the foregoing, if the presence of any Hazardous Material in the Building caused or permitted by Tenant results in any contamination of the Building, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building to the condition existing prior to the introduction of such Hazardous Material to the Building; provided that Landlord's approval of such actions, and the contractors to be used by Tenant in connection therewith, shall first be obtained. (iii) there does It shall not exist be unreasonable for Landlord to withhold its consent to any leakproposed transfer, spillassignment or subletting of the Premises if (a) the proposed transferee's anticipated use of the Premises involves the generation, releasestorage, dischargeuse, emissions treatment or disposal of Hazardous Materials on the Lot Material; (including the Building to be located thereon), and (iib) the Premises do not (and will not as of the date of Substantial Completion) contain proposed transferee has been required by any Hazardous Materialsprior landlord, except as may be specified in Tenant's Plans lender or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord governmental authority to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or take remedial action in connection with Hazardous Material contaminating a property if the operation of loading docks) the Building as result of any negligent acts contamination resulted from such transferee's actions or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement use of the Term and (b) during or after the Term from or property in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Leasequestions; andor

Hazardous Materials. Landlord represents Tenant will not store, use or dispose of any hazardous materials, other than normal cleaning supplies and warrants thatprinter and copier toner typically used in offices, in, on or about the Premises, the Building or the Land. Tenant shall not use the Premises for any use which may give rise to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials existence on the Lot (including Premises, the Building to be located thereonor the Land 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), and (ii) the Premises do not (as such laws are amended from time to time. Tenant will be solely responsible for and will not as defend, indemnify and hold Landlord and its Agents harmless from and against all claims, costs and liabilities, including attorney's fees and costs, arising out of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified or in connection with Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform breach of its obligations hereunderunder this Section. In the event that Tenant will be solely responsible for and will defend, indemnify and hold Landlord and its Agents harmless from and against any such leakand all claims, spillcosts, releaseand liabilities, dischargeincluding attorney's fees and costs, emission or disposal arising out of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlordremoval, Landlord shall take any clean-up and all actions restoration work and materials necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on return the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement other property of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials whatever nature located on the Premises or in Land to their condition existing prior to the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct appearance of Tenant, its officers, employees, agents, contractors or licensees's hazardous materials on the Premises. The covenants and indemnifications set forth in Tenant's obligations under this Section 5.1.8 shall will survive the expiration or earlier termination of this Lease; and. Landlord hereby agrees to defend, indemnify and hold Tenant harmless from and against any and all loss, cost, damage, claim or expense (including legal fees) incurred in connection with or arising out of or relating in any way to the presence of hazardous or toxic materials or oil as of the date hereof in or on the Property or the Improvements not caused by Tenant or its agents.

Hazardous Materials. Landlord represents The Borrower will keep and warrants thatmaintain, or cause to be kept and maintained, the best of Landlord's knowledge as of Mortgaged Property, including, without limitation, the date of this Lease (i) there does groundwater on or under the Mortgaged Property, in compliance with, and shall not exist cause or permit the Mortgaged Property to be in violation of, any leakHazardous Materials Laws. The Borrower shall not use, spillgenerate, manufacture, treat, handle, refine, produce, process, store, discharge, release, dischargedisposed of or all to exist, emissions or disposal shall prevent the using, generating, manufacturing, treating, handling, refining, producing, processing, storing, discharging, releasing, disposing of Hazardous Materials on or allowing to exist, on, under or above the Lot (including the Building to be located thereon)Mortgaged Property, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials. The Borrower shall immediately advise, except as may be specified or cause the immediate advising of, the Mortgagee in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal writing of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docksa) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premisesenforcement, and/or the Building (excluding all portions thereof leased clean up, removal, mitigation, or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees or regulatory action instituted, contemplated or threatened pursuant to notify Tenant immediately upon discovery of any Hazardous Materials on Laws affecting the Premises and Mortgaged Property, (b) all claims made or threatened by any third party against Borrower or the Mortgaged Property relating to indemnifydamage, defend and hold harmless Tenant and its officerscontribution, employees and agents cost recovery, compensation, loss or injury resulting from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise Hazardous Materials (the matters set forth in clauses (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of above are hereinafter referred to as "Hazardous Materials Claims") and (c) the Borrower's discovery of any occurrence or condition on the Premises Mortgaged Property or any real property adjoining or in the Park caused directly by vicinity of the negligent acts Mortgaged Property which could subject the Borrower or gross misconduct the Mortgaged Property to any restrictions on ownership, occupancy, transferability or use of Landlord. In no event shall Landlord be obligated to indemnify Tenant for the Mortgaged Property under any Hazardous Materials which arise, as a result of Laws. The Borrower shall indemnify the negligent acts or gross misconduct of TenantMortgagee, its directors, officers, employees, agents, contractors successors and assigns from and against, any loss, damage, cost, expense or licenseesliability directly or indirectly arising out of or attributable to the use, generation, manufacture, treatment, handling, refining, production, processing, storage, release, threatened release, discharge, disposal, or presence of Hazardous Materials on, under or about the Mortgaged Property, including, without limitation: (i) all foreseeable and unforeseeable consequential damages; (ii) the costs of any required or necessary repair, clean up or detoxification of the Mortgaged Property, and the preparation and implementation of any closure, remedial or other required plans; and (iii) all reasonable costs and expenses incurred by the Mortgagee in connection with clauses (i) and (ii), including, without limitation, reasonable attorneys' fees. The covenants and indemnifications set forth in indemnification provisions of this Section 5.1.8 paragraph shall survive (a) the expiration or earlier termination repayment of the Note secured by this Mortgage, (b) any foreclosure of this Lease; andMortgage, and (c) any deed or assignment of the Mortgaged Property in lieu of foreclosure.

Hazardous Materials. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other Hazardous Materials (as hereinafter defined) onto the Premises, the Lot or Park, except in accordance with the requirements of applicable laws and regulations. Tenant shall not allow the storage or use of such substances or materials in any manner not permitted by law, nor allow to be brought into the Premises any such materials or substances except to use in the ordinary course of Tenant's business. Upon Landlord’s written request, Tenant shall furnish to Landlord represents and warrants that, to the best of Landlord's knowledge as an inventory of the date identity of this Lease such substances or materials used in the ordinary course of Tenant’s business. Without limitation, Hazardous Materials shall include 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 Massachusetts Hazardous Waste Management Act, as amended, M.G.L. c.21C, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, as amended, M.G.L. c.21E, any applicable local ordinance or bylaw, and the regulations adopted under these acts, as amended (collectively, the "Hazardous Waste Laws"). If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges if and only if the following conditions are satisfied; (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on if such requirement applies to the Lot (including the Building to be located thereon), Premises and (ii) the Premises do not (if an independent, reputable third party engineer employed by Landlord or persons acting under Landlord conclusively determines that such release had been or is likely to have been solely and will not as exclusively caused by Tenant or persons acting under Tenant. If Tenant receives from any federal, state or local governmental agency any notice of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans violation or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery alleged violation of any Hazardous Materials on Waste Law, or if Tenant is obligated to give any notice under any Hazardous Waste Law, Tenant agrees to forward to Landlord a copy of any such notice within three (3) days of Tenant's receipt or transmittal thereof. In addition, Tenant shall execute affidavits, representations and the Premises and like from time to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before time at Landlord's request concerning Tenant's best knowledge of belief regarding the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises Premises. In all events, Tenant shall indemnify Landlord in the manner provided in Section 6.1.7 of this Lease from any release of Hazardous Materials on the Premises, in the Building, on the Lot, or elsewhere in the Park to the extent caused directly by Tenant or persons acting under Tenant. Landlord retains the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated right to indemnify Tenant for any Hazardous Materials which ariseinspect the Premises at all reasonable times, as a result of the negligent acts or gross misconduct of upon reasonable notice to Tenant, its officers, employees, agents, contractors or licenseesto ensure compliance with this paragraph. The within covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andthe Term.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease (i) there does Tenant shall not exist use any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation 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 804296.08/LAH4321-047/10-7-08/nng/law -107- UNION BANK PLAZA[Union Bank Lease] location and size of loading docks) which Fuel Tank shall be approved by Landlord), as long as such fuel and Fuel Tank are kept, maintained and used in accordance with all applicable laws and the Building highest safety standards for such use, and so long as result such fuel is always stored within the Fuel Tank and is not used or stored in any area outside of the Emergency Generator. Tenant shall promptly, 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 negligent acts spill, release or gross misconduct other contamination of Landlord, Landlord shall take any and all actions necessary to bring the Premises, Generator Site and/or the Building Real Property to the extent caused or contributed to by Tenant's use of the Generator Equipment (excluding all portions thereof leased including, without limitation, the fuel for the Emergency Generator), or leasable pertaining to tenants) into compliance with applicable law and or involving any such fuel or other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on brought onto the Premises and to Generator Site during the Lease Term by Tenant or any of Tenant's agents, employees, contractors, licensees or invitees. Tenant shall indemnify, defend and hold harmless Tenant Landlord and its partners and their respective officers, employees agents, servants, employees, and agents independent contractors harmless from and against any claims, judgments, damages, penalties, fines, costs, liabilities and all Claims (subject to Section 10.4 and other than Claims to the extent arising from the negligence or loss which arise (awillful misconduct of Landlord and not insured or required to be insured by Tenant under this Lease) before arising out of or involving any Hazardous Materials brought onto the commencement of the Term and (b) during Generator Site by or after the Term from or for Tenant in connection with Tenant's activities under this Section 29.36.9. Tenant's obligations shall include, but not be limited to, the presence effects of any contamination or suspected presence of Hazardous Materials on injury to person, property or the Premises environment created or in the Park caused directly suffered by the negligent acts Tenant or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers's agents, employees, agentscontractors, contractors licensees or licensees. The covenants invitees, and indemnifications set forth in this Section 5.1.8 the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or earlier termination of this Lease; and.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge 13.1. Lessee shall not cause or permit any Hazardous Material (as of the date of this Lease (ihereinafter defined) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)brought upon, and (ii) kept or used in or about the Demised Premises do not (and will not as by the agents, principals, employees, assigns, sublessees, contractors, subcontractors, consultants or invitees of the date of Substantial Completion) contain any Hazardous MaterialsLessee, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into full compliance with applicable law and other governmental requirements relating theretoLegal Requirements. Landlord agrees to notify Tenant immediately upon discovery If Lessee breaches the obligations stated in the preceding sentence, or if the introduction or release of any a Hazardous Materials Material on the Demised Premises caused or permitted by Lessee (or the aforesaid others) results in contamination of the Demised Premises or any surrounding area(s), or if contamination of the Demised Premises or any surrounding area(s) by Hazardous Material otherwise occurs for which Lessee is legally, actually or factually liable or responsible (other than liability which arises solely as a result of the tenancy created hereby or solely as a result of Lessor's mere occu- pancy of the Demised Premises), then Lessee shall fully and to completely indemnify, defend and hold harmless Tenant Lessor (or any party claiming by, through or under Lessor) from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, expenses or loss losses, including, without limitation: (i) diminution in the value of the Demised Premises; (ii) any asserted damage to the Property or to neighboring properties or the occupants of the Property or neighboring properties, and (iii) any sums paid in settlement of claims, reasonable attorneys' fees, consultants fees and expert fees which arise (a) before the commencement of the Term and (b) or arose before, during or after the Term from or term of this Lease as a consequence of such contamination. This indemnification includes, without limitation, costs incurred in connection with the presence any investigation or suspected presence site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials on the Premises or present in the Park caused directly by soil or ground water on or under the negligent acts Demised Premises for which Lessee is responsible pursuant to the terms of this Lease. Without limiting the foregoing, if the introduction or gross misconduct release of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which ariseon, as a result under or about the Demised Premises or any other surrounding area(s) caused or permitted by Lessee (or the aforesaid others) results in any contamination of the negligent acts Demised Premises, Lessee shall immediately take all actions at its sole expense as are necessary or gross misconduct appropriate to return the Demised Premises to the condition existing prior to the introduction by Lessee of Tenantany such Hazardous Materials thereto; provided that the prior written approval (which approval shall not be unreasonable withheld, its officers, employees, agents, contractors conditioned or licenseesdelayed) of such actions by Lessor shall be first obtained. The covenants foregoing obligations and indemnifications set forth in this Section 5.1.8 responsibilities shall survive the expiration or earlier termination of this Lease; and. 13.2. As used herein, the term "Hazardous Materials" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reorganization Act of 1986 (42 U.S.C. Section 9601 et seq., as amended), the Federal Clean Water Act, the Federal Clean Air Act, the Federal Resource Conservation and Recovery Act, the Federal Toxic Substances Control Act, the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Envi- ronmental Protection Agency as hazardous substances (40 CFR Part 301 and amendments thereto), and all substances, materials and wastes that are defined as "toxic", "hazardous" or "extremely hazardous" or are otherwise regulated under any applicable local, state or federal law. In furtherance of, and not in limitation of the foregoing, the term "Hazardous Materials" shall include asbestos, asbestos-containing materials and petroleum.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease (ia) there does Tenant may not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot cause (including through Tenant's selection of building materials for the Building to be located thereon), and (iiTenant Finish Work) the escape, disposal, or release in the Premises do or the Project of any biologically active, chemically active, or hazardous substances or materials (collectively, "hazardous substances") in violation of Applicable Laws or bring, or cause any other Tenant Party to bring, any hazardous substances into the Premises or the Project in violation of Applicable Laws. The term hazardous substances includes, but is not (limited to, those described in the Comprehensive Environmental Response Compensation and will 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; provided, however, the term "hazardous substances" shall not as of the date of Substantial Completion) contain include any Hazardous Materialsmaterials or substances necessary, except as may be specified in Tenant's Plans useful, or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or otherwise utilized by Tenant in connection with Tenant's business (as long as such materials or substances are for general office use and are not in reportable quantities) or any conditions, substances or materials existing in, on, under or about the operation of loading docks) Project, the Land, the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable Premises prior to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and Commencement Date. (b) during If any lender or after the Term from governmental agency requires testing to ascertain whether or not a release of hazardous substances has occurred in connection with the presence or suspected presence of Hazardous Materials on the Premises or the Project based on probable cause that a release occurred and was caused by any Tenant Party and hazardous substances are in fact present and caused by a Tenant Party, then Tenant shall reimburse the reasonable costs of the testing to Landlord within thirty (30) days after Landlord's written demand as additional Rent. 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 Park Premises and the Project. Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of hazardous substances in or on the Premises or the Project in violation of Applicable Laws caused directly by the negligent acts or gross misconduct of Landlordany Tenant Party. In no event Landlord shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of in the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth manner elsewhere provided in this Section 5.1.8 shall Lease from any release of hazardous substances in or on the Premises or the Project in violation of Applicable Laws caused by a Landlord Party. These covenants survive the expiration or earlier termination of this Lease. (c) Landlord represents and warrants to Tenant that, to Landlord's knowledge, the Project and all improvements therein will be constructed without the use of asbestos or any other hazardous substances known to be hazardous at the time of its installation, and, to the best of Landlord's knowledge, no hazardous substances currently affect the Project. Tenant shall be responsible for any costs incurred by Landlord or any other tenant as a result of Tenant's violation of this Paragraph 43. For purposes of this Paragraph 43, the term "Landlord's knowledge" means the present, actual knowledge of persons directly employed by Landlord or any of its Affiliates. Tenant acknowledges that Landlord may incur costs for complying with laws, codes, regulations or ordinances relating to hazardous substances which are not the responsibility of either Landlord or Tenant under this Lease, including the following: (a) hazardous substances present in the soil or ground water on the Project of which Landlord has no knowledge as of the date hereof; and(b) a change in laws, codes, regulations or ordinances which relate to hazardous substances which make that hazardous substances which is present on the Project as of the date hereof, whether known or unknown to Landlord, a violation of such new laws, codes, regulations or ordinances; (c) hazardous substances that migrates, flows, percolates, diffuses or in any way moves onto or under the Project after the date hereof; (d) hazardous substances present on or under the Project as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Project by other tenants of the Project or their agents,

Hazardous Materials. Landlord represents and warrants that(a) Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be generated, to produced, brought upon, used, stored, treated, released or disposed of in or about the best of Landlord's knowledge as of the date of this Lease (i) there does not exist Premises by any leakparty, spillor (ii) Project by Tenant, its agents, employees, contractors, licensees or invitees (any of such storage, generation, use, release, discharge, emissions or disposal of Hazardous Materials on the Lot described items (including the Building to be located thereon), i) and (ii) hereinabove shall be sometimes referred to herein collectively as the Premises do not “Tenant Environmental Activities”), without the prior written consent of Landlord, which Landlord may withhold in its sole discretion. Tenant shall promptly and fully remove and remediate, in the manner required by Applicable Laws and governing agencies and authorities (and will not as reasonably approved in writing by Landlord), any release of the date of Substantial Completion) contain any Hazardous Materials, except or any other violation of any Applicable Laws, in or about the Premises or Project caused by Tenant Environmental Activities. Tenant shall immediately notify Landlord in writing of the release of any Hazardous Materials in, on, under, or about the Premises or Project as may be specified the result of any Tenant Environmental Activities. (b) Tenant Environmental Activities shall also include any mold resulting from Tenant’s use or occupancy of the Premises. Landlord shall have the right, at Tenant’s sole cost and expense, which cost shall in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord no event exceed One Thousand Dollars ($1,000.00) per inspection, to perform its obligations hereunder. In an annual inspection of the Premises to test for mold and in the event that any such leaktest or inspection reveals the existence of mold, spillTenant shall be responsible for and pay the entire cost of remediation thereof within twenty (20) days of receipt of an invoice from Landlord. (c) As used in this Lease, releasethe term “Hazardous Material” means any flammable items, dischargeexplosives, emission radioactive materials, hazardous or disposal toxic substances, material or waste or related materials, including any substances defined as or included in the definition of Hazardous Materials shall occur “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances”, but excluding commonly used cleaning products in ordinary quantities, now or subsequently regulated under any Applicable Laws, including, without limitation petroleum-based products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the Lot environment or (apart from DE MINIMIS amounts the health and safety of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andpersons.

Hazardous Materials. (i) Tenant shall not (i) cause any Hazardous Materials to be brought onto the Project, (ii) cause the storage or use of Hazardous Materials in or about the Building (subject to the second sentence of this Section 8.1(b)), (iii) cause or permit the storage or use of Hazardous Materials in or Premises (subject to the second sentence of this Section 8.1(b)), or (iv) cause the escape, disposal or release of any Hazardous Materials within or in the vicinity of the Project. Nothing herein shall be deemed to prevent Tenant’s use of any Hazardous Materials customarily used in the ordinary course of office work or the operation of Tenant’s business, provided such use is in accordance with all Requirements. Tenant shall be responsible, at its expense, for all matters directly or indirectly based on, or arising or resulting from the presence of Hazardous Materials at the Project which is caused by a Tenant Party. Tenant shall provide to Landlord copies of all communications received by Tenant with respect to any Requirements relating to Hazardous Materials, and/or any claims made in connection therewith. At Landlord’s cost and expense, Landlord or its agents may perform environmental inspections of the Premises at any time if Landlord has a reasonable, good faith belief that Tenant has caused or permitted the escape, disposal or release of Hazardous Materials within the Premises; provided that Tenant shall pay for such inspection if Landlord determines that Tenant has caused or permitted the escape, disposal or release of Hazardous Materials within the Premises. (ii) Landlord hereby represents and warrants that, to the best actual knowledge of Landlord's ▇▇▇▇ ▇▇▇▇▇, the property manager of the Building, Landlord has neither received any notices of nor has actual knowledge of any violation of applicable Requirements relating to Hazardous Materials as of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andhereof.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease (i) there does Tenant shall not exist any leak, spill, release, discharge, emissions cause or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of knowingly permit any Hazardous Materials on the Premises and (as defined below) to indemnifybe brought upon, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities kept or loss which arise (a) before the commencement of the Term and (b) during used in or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on about the Premises or the Complex in the Park caused directly violation of Applicable Laws by the negligent acts Tenant or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseesinvitees (collectively, “Tenant Parties”). The covenants Tenant shall indemnify, save, defend (at Landlord's option and indemnifications set forth with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnified Parties harmless from and against any and all losses, liability, claims, damages, expenses and causes of action ("Claims") that are a direct result of the presence of any Hazardous Materials in, on, under or about the Complex, any portion thereof, or any adjacent property, to the extent caused by Tenant Parties. This indemnification by Tenant includes reasonable costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental or quasi-governmental authority because of the foregoing breach by Tenant which caused Hazardous Materials to be present in the air, soil or groundwater above, on or under or about the Complex in a manner that violates Applicable Laws and which was above levels that were present prior to the Effective Date hereof. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Complex, any portion thereof, or any adjacent property, which is caused or knowingly permitted by Tenant results in any contamination of the Complex, 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 Complex, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination (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 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 5.1.8 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. 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 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 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 portion thereof, including without limitation the Premises, to investigate whether Hazardous Materials are present or that contamination has occurred due to Tenant or 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; andLease 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 17 below. F. As used herein, the 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 shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances or materials onto the Premises, the Lot or Park, except in accordance with the requirements of applicable laws and regulations. Tenant shall not allow the storage or use of such substances or materials in any manner not permitted by law, nor allow to be brought into the Premises any such materials or substances except to use in the ordinary course of Tenant’s business. Upon Landlord’s written request, Tenant shall furnish to Landlord represents and warrants that, to the best of Landlord's knowledge as an inventory of the date identity of this Lease such substances or materials used in the ordinary course of Tenant’s business, except for usual cleaning materials and office equipment. Without limitation, hazardous substances and materials (“Hazardous Materials”) shall include 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 Massachusetts Hazardous Waste Management Act, as amended, M.G.L. c.21C, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, as amended, M.G.L. C.21E, any applicable local ordinance or bylaw, and the regulations adopted under these acts, as amended (collectively, the “Hazardous Waste Laws”). If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous substances or materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges if and only if the following conditions are satisfied; (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on if such requirement applies to the Lot (including the Building to be located thereon), Premises and (ii) the Premises do not (if an independent, reputable third party engineer employed by Landlord or persons acting under Landlord conclusively determines that such release had been or is likely to have been solely and will not as exclusively caused by Tenant or persons acting under Tenant. If Tenant receives from any federal, state or local governmental agency any notice of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans violation or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery alleged violation of any Hazardous Materials Waste Law, or if Tenant is obligated to give any notice under any Hazardous Waste Law, Tenant agrees to forward to Landlord a copy of any such notice within three (3) days of Tenant’s receipt or transmittal thereof, in addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge of belief without independent investigation or inquiry regarding the presence of hazardous substances or materials on the Premises and to indemnifyreleased by Tenant, defend and hold harmless in all events, Tenant and its officers, employees and agents shall indemnify Landlord in the manner provided in Section 6.1.7 of this Lease from and against any claims, judgments, damages, penalties, fines, costs, liabilities release of hazardous substances or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials materials on the Premises or elsewhere in the Park to the extent caused directly by Tenant or persons acting under the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct direction and control of Tenant. Landlord retains the right to inspect the Premises at all reasonable times, its officersupon reasonable notice to Tenant, employees, agents, contractors or licenseesto ensure compliance with this paragraph. The within covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andthe Term;

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as ▇▇▇▇ understands that Lessor has undertaken no investigation of the date of this Lease (i) there does Space with respect to whether or not exist any leakthe Lease Space has been used for the generation, spillstorage, release, discharge, emissions treatment or disposal of Hazardous Materials on hazardous materials (as defined in “14 A through 14 E” below) and, with this qualification, Lessor represents that it has no present knowledge that the Lot (including Lease Space has been so used in connection with hazardous materials. MERA shall not use, store, or bring onto the Building to be located thereon)Property or Lease Space any hazardous materials except in accordance with all federal, state and (ii) the Premises do not (local laws and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunderregulations. In the event that of leakage or spillage from any such leakof MERA’s equipment or any vehicle under the control or custody of MERA or any contractor or agent for MERA, spillMERA shall at its own expense promptly clean the Lessor’s Property and Lease Space to the reasonable satisfaction of Lessor, release, discharge, emission or disposal the Environmental Protection Agency and any public body having jurisdiction in the matter. Any expense of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into required compliance with applicable law federal, state, or local environmental regulations incurred by Lessor or MERA as a direct consequence of MERA’s use of the Property or the Lease Space shall be borne by ▇▇▇▇, including any fines and other governmental requirements relating theretojudgments levied against Lessor. Landlord MERA agrees that in the event that MERA uses, stores, or brings onto the Property or Lease Space any hazardous materials and such act(s) result(s) in damage or injury to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and Property or Lease Space, or to indemnifyLessor, defend 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 Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent 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 matter. Any expense of required compliance with federal, state or 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 gross misconduct brings onto the Property or Lease Space, any hazardous materials and such act(s) result(s) in damage or injury to MERA, or any of Tenant, its officers, 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 licenseesinjury, including, without limitation to, promptly cleaning MERA’s Lease Space to the reasonable satisfaction of MERA, the Environmental Protection Agency and any public body having jurisdiction in the matter. The covenants Any expense of required compliance with federal, state or local environmental regulations incurred as the result of the above-mentioned acts by Lessor shall be borne by Lessor, including any fines and indemnifications set forth 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 5.1.8 shall survive 1910.1200, or their successors; D. Any such materials regulated under state or local environmental laws and regulations similar to the expiration foregoing federal authorities listed in A-C above, or earlier termination of this Leasetheir successors; and E. Any materials not covered by, or exempted from, the sources listed in paragraphs A- D above or their successors, that may nevertheless pose a threat to human health or welfare or to the environment including, without limitation, petroleum, including crude oil or any fraction thereof, and radon.

Hazardous Materials. 45.1 Tenant shall not cause or permit any Hazardous Material (as defined in Section 45.3 below) to be brought, kept or used in or about the Building by Tenant, its agents, employees, contractors or invitees. Tenant hereby indemnifies Landlord represents from and warrants that, to the best of Landlord's knowledge as against any breach by Tenant of the date obligations stated in the preceding sentence, and agrees to 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, attorneys' fees, consultant fees, and expert fees) which arise during or after the terms of this Lease as a result of such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Building which results from such a breach. Without limiting the foregoing, if the presence of any Hazardous Material in the Building caused or permitted by Tenant results in any contamination of the Building, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building to the conditions existing prior to the introduction of such Hazardous Materials to the Building; provided that the Landlord's approval of such 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, it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment, or subletting of the Premises if (i) there does not exist any leakthe proposed transferee's anticipated use of the Premises involves the generation, spillstorage, releaseuse, dischargetreatment, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and Material; (ii) the Premises do not (and will not as of the date of Substantial Completion) contain proposed transferee has been required by any Hazardous Materialsprior landlord, except as may be specified in Tenant's Plans lender, or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord governmental authority to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or take remedial action in connection with Hazardous Material contaminating a property if the operation of loading docks) the Building as result of any negligent acts contamination resulted from such transferee's actions or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement use of the Term and (b) during or after the Term from or property in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Leasequestion; andor

Hazardous Materials. Landlord represents Lessee shall ensure that the Leased Property and warrants that, to the best of Landlord's knowledge as operation of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Facilities comply with all Hazardous Materials on Laws. Except for Hazardous Materials generated in the Lot normal course of business regarding the Primary Intended Use (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of which Hazardous Materials shall occur be handled and disposed of in compliance with all 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 Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes Leased Property or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord Facility. Lessee shall take any and all actions necessary reasonable precautions to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials ensure that no activity is undertaken on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from Leased Property or in connection with the presence operation of any Facility which would cause (a) the Leased Property to become a treatment, storage or suspected presence 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 Materials Laws, (b) a release or threatened release of Hazardous Materials on from the Premises Leased Property within the meaning of, or in otherwise bring the Park caused directly by Leased Property within the negligent acts ambit of, CERCLA or gross misconduct ▇▇▇▇ or any Hazardous Materials Laws or (c) the discharge of Landlord. In no event shall Landlord be obligated to indemnify Tenant for Hazardous Materials into any watercourse, surface or subsurface of body of water or wetland, or the discharge into the atmosphere of any Hazardous Materials which arisewould require a permit under any Hazardous Materials Laws. No activity shall be undertaken with respect to the Leased Property or the operation of any Facility which would reasonably be expected to cause a violation or support a claim under RCRA, CERCLA, ▇▇▇▇ or any Hazardous Materials Laws. Lessee shall, at its sole cost, expense, risk and liability, remove or cause to be removed from the Leased Property all Hazardous Materials generated in connection with the Primary Intended Use and as a result found in hospital and healthcare facilities, including, without limitation, all infectious waste materials, syringes, needles and any materials contaminated with bodily fluids of any type, character or description of whatsoever nature in accordance with all Hazardous Materials Laws. Lessee shall take reasonable precautions to ensure that infectious waste and Hazardous Materials are not disposed in any receptacles used for the negligent acts or gross misconduct disposal of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andnormal refuse.

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 Property by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord represents and warrants that, (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to the best of Landlord's knowledge as reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all laws, rules, statutes and ordinances regulating any such hazardous Material so brought upon or used or kept In or about the Property). If Tenant breaches the obligations stated above in this Paragraph, or if the presence of Hazardous Material on or about the Property caused or permitted by Tenant results in contamination of the date of this Lease (i) there does not exist any leakProperty, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as if contamination of the date of Substantial Completion) contain any Property or surrounding area by Hazardous MaterialsMaterial otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials then Tenant shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Landlord harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence term of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, this Lease as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on, under or about the Property. Without limiting the foregoing, if the presence of Tenantany Hazardous Material on or about the Property caused or permitted by Tenant results in any contamination of the Property or surrounding area, or causes the Property or surrounding area to be in violation of any laws, rules, statutes or ordinances, Tenant shall promptly take all actions at its officerssole expense as are necessary to return the Property and surrounding area to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord's approval of such actions shall first be obtained, employeeswhich approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive short-term effect on the expiration Property or earlier termination of this Lease; andsurrounding area.

Hazardous Materials. Landlord represents and warrants that(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 best of Landlord's knowledge as of the date of this Lease Effective Date, but Tenant may not: (i) there does not exist any leakcause or permit the escape, spilldisposal, release, discharge, emissions or disposal of Hazardous Materials on release in the Lot (including Leased Premises or the Building of any biologically active, chemically active, or hazardous substances or materials (hereafter referred to be located thereonas “Hazardous Substances”), and ; or (ii) bring or permit or allow any Tenant Party to bring, any Hazardous Substances into the Leased Premises do 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. Hazardous Substances will not as of include, however, any hazardous substance used or stored on the date of Substantial Completion) contain any Hazardous Materials, except as may be specified Leased Premises in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are a manner and quantity necessary for Landlord to perform its obligations hereunder. In the event that any such leakordinary performance of Tenant’s business, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or then in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with all applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and laws. (b) during If any lender or after governmental agency requires testing to ascertain whether or not a release of Hazardous Substances has occurred in or on the Term Leased Premises or the Building based on probable cause that a release occurred and was caused by any Tenant or Tenant Party, then Tenant shall reimburse the reasonable costs of the testing to Landlord on demand as Rent. (c) Tenant shall execute affidavits, representations, and the like from or time to time at Landlord’s request and in connection with form and substance reasonably accepted to Tenant concerning Tenant’s best knowledge and belief regarding the presence or suspected presence of Hazardous Materials 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 in the Park Building caused directly or permitted by the negligent acts any Tenant or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andParty.

Hazardous Materials. Landlord represents and warrants thatTenant shall not allow, to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions cause or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of permit any Hazardous Materials on to be generated, used, treated, released, stored or disposed of in or about the Building or 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 to indemnify, defend lawfully stored and hold harmless used by Tenant and its officers, employees the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise305, as a result of the negligent acts amended, or gross misconduct of Tenant, its officers, employees, agents, contractors any applicable state or licenseeslocal law that requires reporting. The covenants and indemnifications set forth in this Section 5.1.8 shall survive At the expiration or earlier termination of this Lease, with respect to conditions relating to Hazardous Materials existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent respecting Hazardous Materials (it being understood that the term “inaction” as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent, unless and to the extent such condition is knowingly aggravated as a result of Tenant’s use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials that are in violation of Environmental Laws. Notwithstanding the termination or any other provision of this Lease, Tenant shall indemnify, defend (with counsel approved by Landlord) and hold Landlord and Landlord’s Representatives harmless from and against any and all Claims of any kind or nature, known or unknown, contingent or otherwise, 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 arising from or related to the generation, use, presence, transportation, storage, treatment, disposal, spill, release or discharge of Hazardous Materials by Tenant or any Agent in or about the Premises or the Building. 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 from or submitted by Tenant to any governmental or quasi-governmental agency respecting Hazardous Materials, or any claim instituted or threatened in writing against Tenant by any third party, concerning Hazardous Materials and the Premises, the occupancy or use thereof as it relates to Hazardous Materials, or the existence or potential existence of 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 spill, release or discharge of Hazardous Materials at or about the Premises, the Building and/or the Land to the extent caused by the acts or 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 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 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 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 Lease Term, Landlord may, after reasonable prior written notice to Tenant, perform an environmental site assessment or environmental audit of the Premises to assess with a reasonable degree of certainty the presence or absence of any Hazardous Materials in the Premises and the potential costs in connection with abatement, cleanup, or 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. The cost of any such assessments or audits shall be paid by Landlord at its sole cost and expense, except Tenant shall pay the cost of any such assessment or audit which indicates that Hazardous Materials have been placed in or have been released from the Premises by Tenant or any Agent in violation of the terms of this Lease.

Hazardous Materials. Landlord represents and warrants that(a) Co-Manager shall not place, to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions cause or disposal of Hazardous Materials on the Lot (including the Building knowingly permit to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur placed on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or other than in the Building (excluding all portions thereof leased or leasable to tenants) into ordinary course of performing its obligations under this Agreement and in compliance with applicable law and other governmental requirements relating theretolaw, any hazardous or toxic materials or substances, as such terms are defined by federal, state or municipal statutes or regulations promulgated thereunder (collectively, “Hazardous Materials”). Landlord agrees to notify Tenant immediately upon discovery 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 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 use, storage or 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 public 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 right to review such notices and disclosures before their distribution or submission by Co-Manager and shall have the right, 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 Materials associated with the Premises required to be delivered by Owner under any applicable laws. (c) Without limiting any other indemnification obligations provided by law or specified in this Agreement, Co-Manager shall indemnify, defend (at Co-Manager’s sole cost and expense and with legal counsel approved by Owner which approval shall not be unreasonably withheld) and hold harmless Tenant Owner, its members (direct and its indirect), officers, employees agents, employees, lenders and agents contractors from and against any and all claims, judgmentsdemands, damageslosses, damage, disbursements, liabilities, obligations, fines, penalties, finesactions, causes of action, suits, costs and expenses, including without limitation, reasonable attorneys’ fees and costs, liabilities and all other professionals’ or loss which arise (a) before the commencement of the Term and (b) during consultants’ expenses incurred in investigating, preparing for, serving as a witness in, or after the Term from defending any action or proceeding, whether actually commenced or threatened, or in connection with the presence removing or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for remediating any Hazardous Materials which ariseon, as a result under, from or about the Premises, arising out of or relating to, directly or indirectly, Co-Manager’s breach of any of the negligent acts or gross misconduct terms of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 4.10. This indemnity shall survive the expiration or earlier termination of this Lease; andAgreement.

Hazardous Materials. Landlord represents and warrants thatTenant shall not cause or permit any Hazardous Materials (defined below) to be brought upon, to kept or used in or about the best of Premises, Building or Project by Tenant, its agents, employees, contractors, or invitees, other than those expressly permitted, in writing, by Landlord's knowledge as of . If Tenant breaches the date of this Lease (i) there does not exist any leakobligation stated above, spill, release, discharge, emissions or disposal if the presence of Hazardous Materials on the Lot Premises, Building, Common Area or Project caused or permitted by Tenant (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning specifically permitted and maintenance purposes or identified below) results in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary contamination to bring the Premises, and/or Building, Common Area or Project, or if contamination of Premises, Building, Common Area or Project by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damages resulting therefrom, then Tenant shall be liable and responsible for, without limitation, (i) removal from the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law Premises, Building, Common Area and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery Project of any Hazardous Materials and cost of such removal; (ii) damages to persons or property in or on the Premises 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, its partners, agents and contractors harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (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 (a) before the commencement of the Term and (b) during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the negligent acts soil or gross misconduct ground water on or under the Project and arising out of a breach of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in 's obligation under this Section 5.1.8 shall survive 9.5. Without limiting the expiration or earlier termination foregoing, if the presence of this Lease; andany Hazardous

Hazardous Materials. Landlord represents (a) Tenant may use chemicals such as adhesives, lubricants, ink, solvents and warrants thatcleaning 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 use, to store, handle, treat, transport, release or dispose of any other Hazardous Materials on or about the best of Premises or the Property without Landlord's knowledge as prior written consent, which Landlord may withhold or condition in Landlord's sole discretion. (b) Any handling, treatment, transportation, storage, disposal or use of Hazardous Materials by Tenant in or about the Premises or the Property and Tenant's use of the date of this Lease Premises shall comply with all applicable Environmental Laws. (ic) there does not exist Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold Landlord harmless from and against, any leakliabilities, spilllosses claims, damages, interest, penalties, fines, attorneys' fees, experts' fees, court costs, remediation costs, and other expenses which result from the use, storage, handling, treatment, transportation, release, discharge, emissions threat of release or disposal of Hazardous Materials on in or about the Lot Premises or the Property by Tenant or Tenant's agents, employees, contractors or invitees. (including d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning Hazardous Materials which relates to the Building to be located thereon)Premises or the Property, and (ii) any Environmental Condition, of which Tenant is aware, on the Premises do not Premises, or elsewhere on the Property if caused by Tenant or anyone claiming by through or under Tenant. (and will not e) Landlord covenants that, as of the date Commencement Date, the Premises shall be free of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; and.

Hazardous Materials. Landlord represents Hazardous Materials" shall mean and warrants thatinclude, 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, or allow any of Tenant's Parties to cause, any Hazardous Materials to be used, generated, stored or disposed of on or about the Premises, the Building or surrounding land or environment in violation of any Regulations. Tenant shall obtain written consent from the City of Sunnyvale prior to the best introduction of Landlord's knowledge any Hazardous Materials into the Building and comply on an ongoing basis with all governmental requirements relating thereto. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Materials for "general office purposes" (such as toner for copiers) to the extent customary and necessary for the Permitted Use of the date Premises; provided that Tenant shall always handle, store, use, and dispose of this Lease any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises or the Building, or surrounding land or environment. Tenant shall immediately notify Landlord of any Hazardous Materials' contamination of any portion of the Building of which Tenant becomes aware, whether or not caused by Tenant. Landlord shall have the right at all reasonable times to inspect the Premises and to conduct tests and investigations to determine whether Tenant is in compliance with the foregoing provisions, the costs of all such inspections, tests and investigations to be borne by Tenant. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against all liabilities, losses, costs and expenses (i) there does not exist any leakincluding attorneys' and consultants' fees), spilldemands, causes of action, claims or judgments directly or indirectly arising out of the use, generation, storage, release, discharge, emissions or disposal of Hazardous Materials by Tenant or any of Tenant's Parties in, on or about the Lot (including Premises or the Building or surrounding land or environment, which indemnity shall include, without limitation, damages for personal or bodily injury, property damage, damage to be located thereon)the environment or natural resources occurring on or off the 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 (ii) disposal, and the Premises do not (and will not as preparation of any closure or other required plans, whether such action is required or necessary prior to or following the date expiration or earlier termination of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for this Lease. Neither the consent by Landlord to perform its obligations hereunder. In the event that any such leakuse, spillgeneration, releasestorage, discharge, emission release or disposal of Hazardous Materials shall occur on nor the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection strict compliance by Tenant with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary laws pertaining to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on shall excuse Tenant from Tenant's obligation of indemnification pursuant to this Paragraph 4.4. Tenant's obligations pursuant to the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 foregoing indemnity shall survive the expiration or earlier termination of this Lease; and. Landlord shall be responsible for costs arising from pre-existing environmental conditions on the Premises upon demand by Landlord, Tenant shall provide to Landlord (1) an itemization of Hazardous Materials that are currently used or have ever been used on the Premises, (2) copies of any reports provided to any governmental agency relating to Hazardous Materials, and (3) evidence of compliance with all laws relating to Hazardous Materials.

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 Property by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord represents (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 warrants thatwill be used, to kept and stored in a manner that complies with all laws, rules, statutes and ordinances regulating any such hazardous Material so brought upon or used or kept in or about the best Property). If Tenant breaches the obligations stated above in this Paragraph, or if the presence of Landlord's knowledge as Hazardous Material on or about the Property caused or permitted by Tenant results in contamination of the date of this Lease (i) there does not exist any leakProperty, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as if contamination of the date of Substantial Completion) contain any Property or surrounding area by Hazardous MaterialsMaterial otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials then Tenant shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold Landlord harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence term of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, this Lease as a result of such contamination. This Indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on, under or about the Property. Without limiting the foregoing, if the presence of Tenantany Hazardous Material on or about the Property caused or permitted by Tenant results in any contamination of the Property or surrounding area, or causes the Property or surrounding area to be in violation of any laws, rules, statutes or ordinances. Tenant shall promptly take all actions at its officerssole expense as are necessary to return the Property and surrounding area to the condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, employees, agents, contractors which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive short-term effect on the expiration Property or earlier termination of this Lease; andsurrounding area.

Hazardous Materials. Landlord represents and warrants thatNotwithstanding the foregoing, Tenant shall not, without Landlord's prior written consent, take any remedial action in response to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery presence of any Hazardous Materials on 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 (i) imposes an immediate threat to the health, safety 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 any portion of Landlord's interest in the Premises and to indemnify, defend the Project and hold harmless Tenant and its officers, employees and agents any other real or personal property owned by Landlord from and against any claimsand all liabilities, losses, damages, diminution in value, judgments, damages, penalties, fines, costsdemands, liabilities claims, recoveries, deficiencies, costs and expenses (including, without limitation, attorneys' fees, court costs and other professional expenses), whether foreseeable or loss which arise (a) before the commencement 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 personal property owned by Landlord caused or permitted by Tenant, its agents, employees, contractors, licensees or invitees, specifically including, without limitation, the cost of any required or necessary repair, restoration, cleanup or detoxification of the Premises, the Building and the Project and any other real or personal property owned by Landlord, and the preparation of any closure or other required plans, whether or not such action is required or necessary during the Term and (b) during or after the Term 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 Hazardous Material on, under, from or in connection with the presence or suspected presence of Hazardous Materials on about the Premises or the Project or 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 actions to be taken by Tenant to return the Premises or the Project or any other real or personal property owned by Landlord to the condition required under all applicable environmental laws. Upon Landlord's approval of such cleanup plan, Tenant shall, at its expense, and without limitation of any rights and remedies of Landlord under this Lease or at law or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated equity, immediately implement such plan and proceed to indemnify Tenant for any cleanup such Hazardous Materials which arise, in accordance with all applicable laws and as a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licenseesrequired by such plan and this Lease. The covenants and indemnifications set forth in provisions of this Section 5.1.8 subsection (e) shall expressly survive the expiration or earlier sooner termination of this Lease; and.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease (i) there does 21.1 Tenant shall not exist cause or permit any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building as defined below) to be located thereon)brought upon, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified kept or used in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring about the Premises, and/or the Unit, the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify the Project in violation of Applicable Laws by Tenant immediately upon discovery or any subtenant, licensee or assignee of Tenant or any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and of its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers, their employees, agents, contractors or licenseesinvitees (collectively with Tenant, each a “Tenant Party”). The If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises otherwise occurs 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 caused 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 Claims of any kind or nature, including (w) diminution in value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on, under or about the Project. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Project, any portion thereof or any adjacent property caused by any Tenant Party results in any contamination of 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 Project, any portion thereof or any adjacent property as nearly as practicable to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold, condition or delay; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, 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 any Landlord Party and such Hazardous Materials present a reasonable threat to the health of persons or property, then Landlord covenants and indemnifications 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 of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and 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 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 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, 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 5.1.8 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; andLease 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. Landlord represents and warrants that(a) Tenant shall have the right to use, store, handle, treat, transport, release or dispose of the Hazardous Materials set forth in Exhibit I hereto on or about the Premises or the Property to the best extent necessary or desirable in connection with the Permitted Uses provided the same is done in compliance with all applicable Environmental Laws. Such exhibit is representative but not exclusive of the Hazardous Materials used on or about the Premises by Tenant. (b) Any handling, treatment, transportation, storage, disposal or use of Hazardous Materials by Tenant in or about the Premises or the Property and Tenant's use of the Premises shall comply with all applicable Environmental Laws. To the extent required by any governmental authority or by Landlord, Tenant shall, within ten (10) Business Days of the written request therefore, disclose in writing to Landlord all Hazardous Materials that are being used by Tenant in the Premises at the time of such request, the nature of such use and the manner of storage and disposal. Without Landlord's knowledge as prior written consent, Tenant shall not conduct any sampling or investigation of soil or groundwater on the Property to determine the presence of any constituents therein (unless such sampling or investigation is required by law, governmental authority, or in connection with a permit for Tenant's operations in accordance with the Permitted Use, in which case, Tenant shall provide Landlord with fifteen (15) days' prior written notice accompanied by Tenant's proposed work plan, and Tenant shall deliver to Landlord a copy of the date results of this Lease such sampling or investigation within ten (i10) there does not exist days after receipt by Tenant). (c) Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold Landlord harmless from and against, any leakliabilities, spilllosses claims, damages, interest, penalties, fines, attorneys' fees, experts' fees, court costs, remediation costs, and other expenses (collectively, "Claims") which result from the use, storage, handling, treatment, transportation, release, discharge, emissions threat of release or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on about the Premises or in the Park caused directly Property by the negligent acts Tenant or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of the negligent acts or gross misconduct of Tenant, its officers's agents, employees, agents, contractors or licenseesinvitees. The covenants and indemnifications set forth in provisions of this Section 5.1.8 paragraph (c) shall survive the expiration or earlier termination of this Lease; and. (d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning Hazardous Materials which relates to the Premises or the Property, and (ii) any Environmental Condition of which Tenant is aware. (e) Tenant acknowledges that it has received copies of the environmental information listed on Exhibit L ("Environmental Reports") from Landlord with respect to the Property. Except as set forth in the Environmental Reports, Landlord represents and warrants to Tenant that, to the best of Landlord's knowledge, there are no Hazardous Materials in, on, under or emanating from the Premises or the Property that require remediation under any

Hazardous Materials. Landlord represents Lessor and warrants that, Lessee agree as follows with respect to the best existence or use of Landlord"hazardous Material" (as defined in Section 54.4) on the Property; 54.1 Lessee shall (l) not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Property by Lessee, its agents, employees, contractors, or invitees, unless such Hazardous Material is necessary or useful to Lessee's knowledge as business and will be used, kept, and stored in a manner that complies with all laws relating to any such Hazardous Material so brought upon or used or kept in or about the property by Lessee). If Lessee breached the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Property caused or permitted by Lessee results in the contamination of the date Property by Hazardous Material otherwise occurs for which Lessee is legally liable to Lessor for damage resulting therefrom, then Lessee shall indemnify, defend, and hold Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs liabilities, or losses (including, without limitation diminution in value of this Lease (i) there does not exist the Property, damages for the loss or restriction on use of rentable or usable space or of any leakamenity of the Property, spilldamages arising from any adverse impact on marketing of space in the building, releaseand sums paid in settlement of claims, dischargeattorneys' fees, emissions consultant fees, and expert fees), costs incurred in connection with any investigation of site conditions or disposal any cleanup, remedies, removal, or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials Material present in the soil or ground water on or under the property, which arise during or after the Lease Term as a result of such contamination. Without limiting the foregoing, if the presence of any Hazardous Material on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as Property caused or permitted by Lessee results in any contamination of the date of Substantial Completion) contain any Hazardous MaterialsProperty, except Lessee shall promptly take all actions at its sole expense as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its return the Property to the condition existing prior to the introduction of any such Hazardous Material to the Property; provided that 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 Property. 54.2 In the event of hazardous material contamination of the leased property or the groundwater thereunder which is not described in Paragraph 54.1 above, Lessor's rent and other financial obligations hereundershall be abate3d in proportion to the degree to which Lessee's use of the premises is impaired. In the event that any such leak, spill, release, discharge, emission of hazardous material contamination of the leased property or disposal of Hazardous Materials shall occur on the Lot groundwater thereunder through the negligence or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross willful misconduct of LandlordLessor, Landlord Lessor shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend and hold harmless Tenant Lessee from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before losses arising therefrom. Lessor shall not be responsible to Lessee for any damages, claims or liabilities arising from the commencement act of any other tenant of the Term and premises with regard to Hazardous Materials or Hazardous Material contamination. 54.3 It shall not be unreasonable for Lessor to withhold its consent to any proposed Transfer pursuant to Section 12 if (bi) during the proposed Transferee's anticipated use of the Premises involved the generation, storage, use, treatment, or after disposal of Hazardous Material; (ii) the Term from proposed Transferee has been required by any prior Lessor, lender, or governmental authority to take remedial action in connection with Hazardous Material contaminating a property if the presence contamination resulted from such Transferee's actions or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result use of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth property in this Section 5.1.8 shall survive the expiration or earlier termination of this Leasequestion; andor

Hazardous Materials. Landlord represents (a) Tenant may cause or permit "Hazardous Materials" (as defined in Section 20.5(d) below) to be brought, kept or used in or about the Premises by Tenant, its agents, employees, contractors, or invitees, provided that Tenant complies with all Laws with respect thereto and warrants thatprovided that Tenant shall be solely responsible for any increase in the cost of any insurance maintained pursuant to Article 6, as well as of any increase in any other cost with respect to the best of Landlord's knowledge as operation of the date Building, which is caused thereby. Tenant shall not be responsible for the presence of this Lease (i) there does not exist any leak, spill, release, discharge, emissions Hazardous Material in or disposal about the Premises which result from the underground migration of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do after the Commencement Date from other sites, which is not (and will not as of the date of Substantial Completion) contain any Hazardous Materialscaused by Tenant, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies its agents, contractors, invitees or in such other supplies that are necessary for Landlord to perform its obligations hereunderemployees. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Tenant hereby indemnifies Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to indemnify, defend Landlord and hold Landlord harmless Tenant and its officers, employees and agents from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or loss losses including, without limitation, sums paid in settlement of claims, attorneys' fees and costs, consultant fees, and expert fees) which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence as a result of Hazardous Materials on being be brought, kept or used in or about the Premises by Tenant, its agents, employees, contractors, or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which ariseinvitees, and/or as a result of the negligent acts underground migration of Hazardous Materials to the Premises after the Commencement Date from other sites, which is caused by Tenant, or gross misconduct its agents, contractors, invitees or employees. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises, which Hazardous Material was caused or permitted to be brought, kept or used in or about the Premises by Tenant, its officersagents, employees, contractors, or invitees. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material and the contractors to be used by Tenant for such work must be approved by Landlord, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises. (b) Landlord represents that, to its knowledge, except as disclosed in the following reports: Phase I Environmental Site Assessment Update Dated April 24, 2001; Tank Removal and Remedial Excavation Report Dated November 24, 1998; Underground Storage Tank Investigation Dated April 1, 1998; and Phase I Environmental Site Assessment Dated February 16, 1999, receipt of which is acknowledged by Tenant, Landlord is not aware of the existence of any Hazardous Material at the Premises. Landlord hereby indemnifies Tenant, agrees to defend Tenant and hold Tenant harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses including, without limitation, sums paid in settlement of claims, attorneys' fees and costs, consultant fees, and expert fees) which arise during the Term of this Lease as a result of the presence, prior to the Commencement Date, of materials at the Premises, which constitute "Hazardous Material," as well as which result from the underground migration of Hazardous Materials to the Premises after the Commencement Date from other sites, which is not caused by Tenant, or its agents, contractors contractors, invitees or licenseesemployees. This indemnification of Tenant by Landlord includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises and is subject to Tenant using commercially reasonable efforts not to disturb any Hazardous Material. Provided that Tenant uses its commercially reasonable efforts not to disturb any such asbestos, if any asbestos which is present at the Premises as of the date hereof must be abated at any time during the Term in order to comply with any Laws, Landlord at its expense shall encapsulate or otherwise ▇▇▇▇▇ the same to the extent necessary in order to comply with such Laws. (c) It shall not be unreasonable for Landlord to withhold its consent to any proposed assignment or sublease if (i) the proposed assignee's or subtenant's anticipated use of the Premises involves the generation, storage, use, treatment, or disposal of Hazardous Material in excess of ordinary office or studio/film production use (and it being understood that any such permitted use must comply with all Laws); (ii) the proposed assignee or subtenant 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 assignee's or subtenant's actions or use of the property in question; or (iii) the proposed assignee or subtenant is subject to an enforcement order issued by any governmental authority in connection with the use, disposal, or storage of a Hazardous Material. (d) 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 covenants term "Hazardous Material" includes, without limitation, any material or substance which is (i) defined as "Hazardous Waste," "Extremely Hazardous Waste," or "Restricted Hazardous Waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and indemnifications set forth in this Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a "Hazardous Substance" under Section 5.1.8 shall survive 25316 of the expiration California Health and Safety Code, Division 20, Chapter 6.8 (▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇ Hazardous Substance Account Act), (iii) defined as a "Hazardous Material," "Hazardous Substance," or earlier termination "Hazardous Waste" under Section 25501 of this Lease; andthe California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as "Hazardous Substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) 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, (viii) designated as a "Hazardous Substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C.ss.1317), (ix) defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 ▇.▇.▇.▇▇. 6901 et seq. (42 -- --- U.S.C.ss.6903), or (x) defined as a "Hazardous Substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, ▇▇ ▇.▇. ▇.▇▇.▇▇▇▇ et seq. (42 U.S.C.ss.9601).

Hazardous Materials. Landlord represents Tenant has inspected the Premises and warrants that, to the best of Landlord's both parties' knowledge as of there is not currently located in, on, upon, over, or under the date Premises any Hazardous Materials. However, if any pre-existing contamination exists or is discovered during the term of this Lease Lease, City shall promptly remove said substance(s) in accordance with Environmental Laws at City's sole cost and expense (i) there does "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 exist use, maintain, store or dispose of any leakcontaminants including, spillbut 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 or toxic substance, material, waste of any kind, petroleum product or by-product, contaminant or pollutant as defined or regulated by Environmental Laws. Release shall mean the release, dischargestorage, emissions use, handling, discharge or disposal of such Hazardous Materials on 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 Lot (including knowledge thereof by ▇▇▇▇▇▇. Tenant shall be solely responsible for the Building to be located thereon), and (ii) the Premises do not (and will not as entire cost of the date Environmental Remediation as a result of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal Release of Hazardous Materials shall occur on in violation of Environmental Laws disposed upon the Lot Premises or (apart emanating from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building Premises onto adjacent lands, as a result of any negligent acts or gross misconduct the use and occupancy of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and by Tenant, or Tenant's agents, licensees, invitees, subcontractors or employees. Tenant hereby agrees to indemnify, defend and hold harmless Tenant and its officers, employees and agents 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, liabilities which may arise directly, indirectly or loss which arise (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, proximately as a result of any violation or the negligent acts Release of any Hazardous Materials upon the Premises or gross misconduct violation of Environmental Laws. ▇▇▇▇▇▇'s responsibility hereunder shall continue and apply to any violation hereof, whether the same is discovered during the term hereof or otherwise. While this provision establishes contractual liability of Tenant, its officersit shall not be deemed to eliminate or diminish any statutory or common law liability of Tenant. In the event of any Release of Hazardous Materials upon the Premises in violation of Environmental Laws and such Release did not occur prior to the Commencement Date and is not the result of the use and occupancy of the Premises by Tenant, or Tenant's agents, licensees, invitees, subcontractors or employees, agentsbut is caused by a third-party or source unconnected to the Lease, contractors or licensees. The covenants then the Environmental Remediation shall, be deemed to be, and indemnifications set forth treated in this Section 5.1.8 shall survive all respects, as an Emergency Capital Repair pursuant to the expiration or earlier termination provisions of this Lease; andSection

Hazardous Materials. Landlord represents and warrants thatNeither Permittee nor its agents, to the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leakemployees, spillcontractors, releasePermittee's, dischargesub- permittees, emissions assignees, concessionaires or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)invitees shall use, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materialshandle, except as may be specified in Tenant's Plans store or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery dispose of any Hazardous Materials on in, on, under or about the Premises Permit Area. If Permittee breaches the foregoing restriction, Permittee shall be solely responsible for and to shall indemnify, defend and hold harmless Tenant Port and its City, their officers, employees and agents agents, harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or loss and losses (including, 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 (a) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence term of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, this Permit as a result of any contamination directly or indirectly arising from the negligent acts activities which are the basis for such breach. This indemnification of Port and City by Permittee includes, without limitation, costs incurred in connection with any investigation or gross misconduct site conditions or any clean-up, remedial, removal or restoration work. Permittee shall promptly take all actions, at its sole cost and expense, as are necessary to return the Permit Area to the condition existing prior to the introduction of Tenantany such Hazardous Material, its officersprovided Port's approval of such actions shall first be obtained and Permittee shall fully cooperate in connection with any such clean-up, employeesrestoration or other work, agentsat Permittee's sole costs and expense. Furthermore, contractors Permittee shall immediately notify Port of any inquiry, test, investigation or licenseesenforcement proceeding by or against Permittee or the Permit Area concerning the presence of any Hazardous Material. The covenants Permittee acknowledges that Port, at Port's election, shall have the sole right, at Permittee's expense, to negotiate, defend, approve and indemnifications set forth in appeal any action taken or order issued by any governmental authority with regard to any Hazardous Material contamination which Permittee is obligated hereunder to remediate. Permittee's obligations under this Section 5.1.8 Paragraph 12 shall survive the expiration or earlier termination of this Lease; andPermit.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge as of the date of this Lease (ia) there does Tenant shall not exist any leak, spill, release, discharge, emissions cause or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of permit any Hazardous Materials on to be brought upon, kept, used, generated or disposed of in or about the Premises and Premises. Except to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss which arise (a) before the commencement of extent that the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event same shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, have occurred as a result of any act or omission of the negligent acts Landlord, its agents or gross misconduct employees, if during the Term of this Lease the Premises becomes contaminated in any manner caused by Tenant, its officersTenant shall indemnify and hold harmless Landlord from any and all claims, employeesdamages, agentsfines, contractors judgments, losses or licenseesliabilities, investigation, cleanup, removal or restoration mandated by or related to a federal, state or local agency, or political subdivision, and any and all sums payable for settlement of claims, attorneys’ fees, consultant and expert fees) arising from, growing out of or related to Hazardous Materials as described or anticipated in this Section. The covenants and indemnifications Tenant shall comply with all terms set forth in the Hazardous Materials Prevention Contamination, if any, and Response Plan for the Gulfcoast Corporate Park and the applicable requirements of the Manatee County Land Development Code, as amended, which pertain to Hazardous Materials. (b) If Tenant causes or permits the discharge of any Hazardous Material on the Premises, Tenant shall promptly at its sole expense take all reasonable or necessary actions to return the Premises to the condition existing prior to the presence of the Hazardous Materials, after first obtaining Landlord’s approval for such remedial action. Tenant’s remedial action hereunder shall comply with all Legal Requirements and Landlord’s approval shall not be 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 and Tenant shall reimburse Landlord, as Additional Rent. (c) The provisions of this Section 5.1.8 5.04 shall survive the expiration or earlier termination of this Lease; and. (d) Notwithstanding the provisions of Section 5.04(b), Tenant may introduce and store within the Premises, chemicals, compounds, solvents and similar materials ordinarily used in Tenant’s business operations, which may constitute Hazardous Materials, provided that such materials are stored and utilized in accordance with all Legal 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 represents and warrants that, Tenant agree as follows with respect to the best existence or use of Landlord's knowledge "Hazardous Material" (as of defined below) on the date of this Lease Premises: 4.5.1 Tenant shall (i) there does not exist cause or permit any leakHazardous Material to be brought upon, spillkept or used in or about the Premises by Tenant, releaseits agents, dischargeemployees, emissions contractors or disposal 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 for Tenant's business and will be used, kept and stored in a manner that complies with all Laws pertaining to any such Hazardous Material. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Materials Material on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as caused or permitted by Tenant results in contamination of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery if contamination of any Hazardous Materials on the Premises and 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 Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision because of Hazardous Material present in the negligent acts soil or gross misconduct ground water on or under the Property. Without limiting the foregoing, if the presence of Tenantany Hazards Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its officerssole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises; provided that (i) Landlord's approval of such actions shall first be obtained, employees, agents, contractors which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or licensees. The covenants short-term effect on the Premises and indemnifications set forth (ii) such actions are calculated to cause the least amount of inconvenience to other Tenants. 4.5.2 Notwithstanding anything in this Section 5.1.8 Lease to the contrary, it shall survive not be unreasonable for Landlord to withhold its consent to any proposed assignment, sublease of transfer if (i) the expiration proposed transferee's anticipated use of the Premises involves the generation, storage, use, treatment or earlier termination disposal of this LeaseHazardous Material; and(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. Landlord represents and A. District warrants that, that to the best of Landlord's knowledge its knowledge, the Premises are free of hazardous materials (as defined hereinafter). In the event it is discovered that the Premises are not free of hazardous materials, District, at its sole cost and expense, shall conduct and complete all investigations, studies, sampling, and testing, and all remedial, removal, and other actions necessary to clean up and remove all hazardous materials on, from, or affecting any portion of the date Premises. District agrees to defend, indemnify, and hold harmless City, City Council, and each of this Lease (i) there does not exist their employees, agents and representatives from and against all claims, demands, penalties, fines, liabilities, settlements, damages, costs or expense, including attorney’s fees, of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any leakway related to the presence, spill, disposal release, discharge, emissions or disposal threatened release of Hazardous Materials any hazardous materials on the Lot (including the Building to be located thereon), and (ii) or about the Premises do not (and will not resulting from the actions or inaction of District. B. City shall keep the Premises completely free of hazardous materials, as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunderdefined hereinafter. In the event that any such leakit is discovered that the Premises have become contaminated with hazardous materials, spilldue to the action of City, releaseCity, dischargeat its sole cost and expense, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning conduct and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlordcomplete all investigations, Landlord shall take any studies, sampling, and testing, and all remedial, removal, and other actions necessary to bring clean up and remove all hazardous materials on, from, or affecting any portion of the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord City agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Premises and to defend, indemnify, defend and hold harmless Tenant District, District’s governing board, and its officerseach of their employees, employees agents, and agents representatives from and against any all claims, judgments, damagesdemands, penalties, fines, costsliabilities, liabilities settlements, damages, costs or loss which arise expenses, including attorney’s fees, of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to the presence, disposal, release, or threatened release of any hazardous materials on or about the Premises resulting from City’s actions. C. For purposes of this Section, "Hazardous Materials" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated under any state or federal statutes or regulations promulgated thereto including without limitation: (a1) before any "hazardous substance" within the commencement meaning of the Term Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (b"CERCLA") during 42 U.S.C. § 9601, et seq. or after the Term from California Hazardous Substance Account Act, Cal. Health and Safety Code § 25300 et seq. or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which ariseTransportation Act, as a result of the negligent acts or gross misconduct of Tenant49 U.S.C. § 1801, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andet seq.;

Hazardous Materials. Landlord represents and warrants that, to Tenant shall not permit the best of Landlord's knowledge as of the date of this Lease (i) there does not exist any leak, spillemission, release, discharge, emissions threat of release or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring the Premises, and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery escape of any Hazardous Materials from the Leased Property so as to adversely affect in any manner, even temporarily, any element or part of the Leased Property. Tenant shall not use, generate, store or dispose of Hazardous Materials in, on or about the Leased Property, or dump, flush or in any way introduce Hazardous Materials into the septic system or other waste disposal systems serving the Leased Property (nor shall Tenant permit or suffer any of the foregoing), in any manner not in full compliance with all applicable federal, state and local statutes, laws, codes, ordinances, by-laws, rules and regulations for the use, generation, storage and disposal of Hazardous Materials. Tenant will indemnify, defend and hold Landlord harmless from and against all claims, loss, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements, diminution in the value of the Leased Property, costs incurred in connection with any investigation of site conditions or any clean-up or remedial work required by any federal, state or local Governmental agency) incurred as a result of any breach of Tenant's covenants in the first paragraph of this Section 10.5 by Tenant or Tenant's contractors, licensees, invitees, agents, servants or employees. Without limiting the foregoing, if the presence of any Hazardous Materials in, on or under the Leased Property caused or permitted by Tenant results in any contamination of the Leased Property or the Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Property to the condition existing prior to the introduction of any such Hazardous Material by Tenant, provided that Landlord's approval of such 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-term or short-term effect on the Premises and to Leased Property. Landlord will indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any all claims, judgmentsloss, damagescost and expenses (including, penaltieswithout limitation, fines, costs, liabilities or loss which arise (areasonable attorneys fees and disbursements) before the commencement of the Term and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly incurred by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of Hazardous Materials existing in, on or under the negligent acts or gross misconduct of TenantLeased Property prior to March 17, its officers, employees, agents, contractors or licensees1995. The covenants obligations of Tenant and indemnifications set forth Landlord in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andLease and any transfer of title to the Leased Property, whether by sale, foreclosure, deed in lieu of foreclosure or otherwise.

Hazardous Materials. Landlord represents and warrants that, to the best of Landlord's knowledge LESSEE shall not cause or permit any Hazardous Material (as of the date of this Lease (idefined below) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon)brought upon, and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materialskept, except as may be specified or used in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as result of any negligent acts or gross misconduct of Landlord, Landlord shall take any and all actions necessary to bring about the Premises, and/or Building or Project by LESSEES, its agents, employees, contractors, or invitees, without the prior written consent of LESSOR (which LESSOR shall not unreasonably withhold as long as LESSEE demonstartes to LESSOR'S reasonable satisfaction that such Hazardous Material is necessary or useful to 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 LESSEES of the Building (excluding all portions thereof leased and Project, giving consideration to the nature of the Project and Building). If LESSEE breaches the obligations stated in the preceding sentence, or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery if the presence of any Hazardous Materials Material on the Premises and Premises, Building or Project, or if contamination of the Premises, the Building or the Project, by Hazardous Material otherwise occurs for which LESSEE is legally liable to LESSOR for damage resulting therefrom, then LESSEE shall indemnify, defend and hold LESSOR harmless Tenant from any and its officers, employees and agents from and against any all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, 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 (a) before the commencement of the Term and (b) during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, as a result of such contamination. This indemnification of LESSOR by LESSEE includes, without limitation, the negligent acts obligation to reimburse LESSOR for costs incurred in connection with any investigation of site conditions or gross misconduct any cleanup, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of TenantHazardous 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 on permitted by LESSEE results in any contamination of the Premises, the Building or the Project, LESSEE shall promptly take all actions at its officerssole expense as are necessary to return the Premises, employeesthe Building or the Project to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that LESSOR'S approval of such actions shall first be obtained, agentswhich 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, contractors Building or licensees. The covenants Project or exposes LESSOR to any liability therefor and indemnifications set forth such actions are undertaken in this Section 5.1.8 shall survive the expiration or earlier termination of this Lease; andaccordance with all applicable laws, rules and regulations and accepted industry practices.