Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and Tenant agree to indemnify and hold harmless the other from any and all applicable governmental authoritiesclaims, in accordance with all Hazardous Materials Laws and good business practices. During the Termdamages, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant fines, judgments, penalties, costs, liabilities or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense losses (including, without limitation, Landlord’s reasonable attorneys’ fees any and costsall sums paid for settlement of claims, attorneys fees, consultant and expert fees) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings arising during or actions initiated after the lease term from or in connection with the presence or suspected presence of hazardous substances in, on or beneath the Premises, unless the hazardous substances are present as the result of negligence, willful misconduct or other acts of the party otherwise so indemnified, its agents, employees, contractors or invitees. Without limitation of the foregoing, this indemnification shall include any Hazardous Materials Claimsand all costs incurred due to any investigation by a federal, state or local agency or political subdivision, unless the hazardous substances are present solely as the result of negligence, willful misconduct or other acts of the party otherwise so indemnified, its agents, employees, contractors or invitees. Landlord represents This indemnification shall specifically include any and warrants all costs due to Tenant that: (i) to Landlord’s knowledgehazardous substances which flow, there are not pending claims diffuse, migrate or causes of action arising out percolate into, onto or relating to the Facility or under the Premises as of after the Commencement Date; . Each of the parties agrees to comply with all laws, codes, rules, and (ii) regulations of the United States and the State of Florida. Tenant agrees that it will not store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises any article or substance which may be prohibited by any insurance policy in force from time to Landlord’s knowledgetime covering the buildings in which the Premises are located, no Environmental Activities nor shall Tenant keep, store, produce or dispose of on, in violation of or from the Premises or the buildings in which the Premises are located any Hazardous Materials Laws have occurred prior substance which may be deemed a hazardous substance or infectious waste under any state, local or federal rule, statute, law, regulation or ordinance as may be promulgated or amended from time to the Commencement Date which have not been remedied in fulltime. Notwithstanding anything to the contrary contained As used herein, “hazardous substance” means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the state in no event shall Tenant be responsible for conditions of which the Premises in existence prior is located, or the United States government or poses a threat to human health or the Commencement Dateenvironment, andand includes any and all material and substances which are defined as “hazardous waste”, if required by “toxic substances” or a “hazardous substance” pursuant to state, federal or local governmental law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost including, but not restricted to, asbestos, polychlorobiphenyls and expensepetroleum.

Hazardous Materials. Tenant’s use of Master Tenant will not at any time maintain on, or dispose or discharge from, the Premises shall comply with all Hazardous Materials Laws, except for or any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of part thereof any Hazardous Materials Laws by (as such term is defined hereinbelow). Should Master Tenant during the Term or if Tenant has received notice of discover any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of on the Premises in violation of Government Requirements, Master Tenant shall take all steps Master Tenant deems commercially reasonable to cause the Premises to comply with applicable Government Requirements related to such Hazardous Materials. The term “Hazardous Materials” as used in this Lease means, individually and/or collectively, any hazardous or toxic 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), as each of the foregoing may be amended and/or supplemented from time to time, or such substances, materials and wastes which are identified as hazardous wastes, hazardous substances or hazardous materials which are or become regulated under any applicable municipal, county, state or federal law, rules or regulations, including (without limitation): (i) any “Hazardous Waste” as defined by the Resource Conservation and Recovery Act of 1976 (42 USC Section 6901 et seq.), as amended from time to time, and regulations promulgated thereunder; (ii) any “Hazardous Substance” as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 USC Section 9601 et seq.) as amended from time to time, and regulations promulgated thereunder; (iii) asbestos, (iv) polychlorinated biphenyls; (v) any substance the presence of which is prohibited by any applicable Laws; (dvi) Tenant’s discovery of any occurrence or condition on or in the vicinity of petroleum‑based products which are deemed hazardous by any portion of the Premises that materially increase the risk that Laws; (vii) underground storage tanks which are regulated by any portion of the Premises will be exposed to Hazardous MaterialsLaws; and (eviii) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials substance which under Laws require special handling or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation notification of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied federal, state or local governmental entity in fullits collection, storage, treatment or disposal. Notwithstanding anything to the contrary contained hereinMASTER TENANT AGREES TO INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL COSTS, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseEXPENSES AND LIABILITIES FOR ANY ACTIONS OR NON-ACTIONS BY MASTER TENANT WHICH VIOLATE THE TERMS OF THIS SECTION 7.3.

Hazardous Materials. TenantOWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB’s, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER’s use scope of services do not include services related in any way to hazardous materials. In the Premises event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall comply with all Hazardous Materials Lawshave the obligation to notify OWNER and, except to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any items set forth other damages to OWNER, suspend performance of services on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any that portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken project affected by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant thathazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to Landlord’s knowledgeidentify and, there are not pending claims as appropriate, xxxxx, remediate, or causes of action arising out or relating to remove the Facility or the Premises as of the Commencement Datehazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to Landlordbecome an “arranger,” “operator,” “generator,” or “transporter” of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have services under this Agreement. If ENGINEER’s services hereunder cannot been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions performed because of the Premises in existence prior of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the Commencement Date, and, if required fullest extent permitted by law, Landlord hereby agrees OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to remedy all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such actual cost, loss, or suspected problem through damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the removal loss of Hazardous Materials at Landlorduse resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual’s or entity’s sole cost and expensenegligence or willful misconduct.

Hazardous Materials. TenantSublessee’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Sublessee during the Term or if Tenant Sublessee has received notice of any Hazardous Materials Claim against any portion of the Premises solely as a result of TenantSublessee’s acts or omissions during the Term, Tenant Sublessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordSublessor’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord Sublessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Sublessee shall immediately promptly advise Landlord Sublessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Sublessee or any portion of the Premises; (c) any remedial action taken by Tenant Sublessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) TenantSublessee’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantSublessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Sublessor shall have the right, and except for any items noted on Exhibit “D” at TenantSublessor’s sole cost and expense (including, without limitation, LandlordSublessor’s reasonable attorneys’ fees and costs) and with counsel chosen by LandlordSublessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord Sublessor represents and warrants to Tenant that: (i) to Landlord’s knowledge, Sublessee that there are not pending claims or causes of action no Hazardous Materials Claims arising out of or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Tenant’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in material violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received written notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual violation or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem claim to the reasonable satisfaction of Landlord and in accordance in all material respects with all applicable governmental authorities, in accordance with all as required by Hazardous Materials Laws Laws. Tenant and good business practices. During the Term, Tenant Landlord shall immediately promptly advise Landlord one another in writing of: upon receiving written notice of (a) any Environmental Activities in material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or Landlord in connection with the Premises (or any portion of the Premises); (c) any remedial action taken by Tenant or Landlord in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in material violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises of which Tenant or Landlord, as applicable, has actual knowledge and that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all material communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Lease, if any Hazardous Materials are discovered on or under any portion of the Facility in violation of any Hazardous Materials Law, the Term shall be automatically extended with respect to the Facility only and this Lease shall remain in full force and effect with respect to the Facility only until the earlier to occur of (i) the completion of all remedial action or monitoring, as reasonably approved by Landlord, in accordance with all Hazardous Materials Laws, or (ii) the date specified in a written notice from Landlord to Tenant terminating this Lease (which date may be subsequent to the date upon which the Term was to have expired). Notwithstanding the foregoing, unless the Initial Term of this Lease is renewed pursuant to Section 1, above, in no event shall the provisions of this Section 8.5 extend the Term for the Facility beyond December 31, 2027 as to the Facility; provided, however, that Tenant’s obligations to complete all remedial action or monitoring pursuant to this Section 8.5 shall survive any such termination of the Term. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. (a) Tenant shall be permitted to bring or keep in or on the Premises any Hazardous Material (hereinafter defined), so long as such Hazardous Material is specifically identified and enumerated in Tenant’s use Hazardous Waste Management Program (as hereafter defined and as the same may be updated by Tenant from time to time upon reasonable prior notice to and with the approval of Landlord), which are hereby expressly permitted by Landlord (“Tenant’s Hazardous Materials”). Tenant’s Hazardous Materials shall at all times be brought upon, kept or used in accordance with (A) all applicable Environmental Laws (hereinafter defined) and regulations or requirements of insurance rating or insurance service organizations, (B) Tenant’s “Hazardous Waste Management Program,” which shall be provided by Tenant to Landlord in advance of Hazardous Materials being brought by Tenant upon the Premises for Landlord’s review and approval, not to be unreasonably withheld, conditioned or delayed, and Tenant hereby acknowledges that Tenant shall comply with all be prohibited from bringing or keeping any Tenant’s Hazardous Materials Lawsin or on the Premises until Landlord has approved Tenant’s “Hazardous Waste Management Program” in writing, except and (C) with respect to medical waste and so-called “biohazard” materials, all applicable laws and regulations and insurance regulations or requirements. Tenant shall be responsible for any items set forth on Exhibit “D”assuring that all laboratory uses are adequately and properly vented. If any Environmental Activities occur Tenant’s Hazardous Waste Management Program shall be updated as reasonably required by Landlord or are suspected to have occurred in violation of any Hazardous Materials Laws desired by Tenant during (including the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result list of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwiseenumerated therein), and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practicesbut no less frequently than annually. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Waste Management Program shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: also specify (i) to Landlord’s knowledgea description of handling, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Datestorage, use and disposal procedures; and (ii) all plans or disclosures and/or emergency response plans which Tenant has prepared, including without limitation Tenant’s Hazardous Waste Management Plan, and all plans which Tenant is required to Landlord’s knowledge, no supply to any governmental agency or authority pursuant to any Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseLaw.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws(a) Tenant agrees that it will not, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term Applicable Laws, release, discharge, place, hold, or if Tenant has received notice dispose of any Hazardous Materials Claim against any portion of Material (as hereinafter defined) on, under or at the Premises as a result of Tenant’s acts Premises, in the Building, or omissions during on the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwiseLand, and upon Landlord’s approval of the remediation planthat it will not, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of Applicable Laws, use the Premises, the Building, or the Land as a site for the treatment, storage, or disposal (whether permanent or temporary) of any Hazardous Materials Laws; (b) Material. Tenant further agrees that it will not knowingly cause or allow any Hazardous Materials Claims against asbestos to be incorporated into any improvements or alterations which Tenant makes or any portion of causes to be made to the Premises; (c) any remedial action taken by , or the Building. Landlord confirms that to its knowledge except as disclosed in that certain environmental audit for the Land which has been made available for Tenant in response to any Hazardous Materials Claims or any review at the offices of Landlord, there are no Hazardous Materials on, under or about at the Premises, in the Building, or on the Land in violation of Applicable Laws, and that Landlord will not release, discharge, place, hold, or dispose of any Hazardous Material on, under or at the Premises, in the Building, or on the Land in violation of Applicable Laws, and that it will not use the Premises, the Building, the Land, or any other portion thereof as a site for the treatment, storage, or disposal (whether permanent or temporary) of any Hazardous Material in violation of Applicable Laws. To the best of its knowledge, Landlord confirms that no asbestos will be incorporated into any improvements or alterations which Landlord makes or causes to be made to the Premises, or the Building. If asbestos is incorporated into any improvements or alterations which Landlord makes or causes to be made to the Premises, or the Building, Landlord shall cause it to be removed and/or treated so that occupation of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of is safe and lawful, and Landlord shall bear all reasonable expenses and costs incurred by Tenant for temporarily moving from the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; while such removal and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there treatment work are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensedone.

Hazardous Materials. Tenant’s use To the knowledge of Seller, the Premises shall comply with all Property does not contain any Hazardous Materials LawsMaterials, including, but not limited to, any chemicals or materials regulated as hazardous or toxic under any federal, state or local law, except for any items what is commonly incorporated into or used and stored at the Property for normal uses in a typical veterinary practice (the “Excluded Materials”), and except as set forth on Exhibit “D”in the Property Documents. If Seller agrees to provide Buyer promptly in writing any Environmental Activities occur information, which Seller has or are suspected to have occurred in violation may acquire regarding the presence and location of any Hazardous Materials (as defined below), not including the Excluded Materials on or about the Property. Seller is in compliance with all Environmental Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises (as a result of Tenant’s acts or omissions during the Termdefined below) and Seller possesses all required permits, Tenant shall promptly obtain all permits licenses and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisecertificates, and upon Landlord’s approval of the remediation planhas filed all notices or applications, remedy any such problem to the satisfaction of Landlord required thereby. Seller is and all applicable governmental authorities, has been in accordance compliance with all Hazardous Materials Environmental Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities there has been no release or disposal of a Hazardous Material in violation of an Environmental Law in any Hazardous Materials Laws; material respect at, on, under, within or migrating to or from any property currently or formerly owned, leased or operated by Seller. Seller has not been subject to, nor received any notice (bwritten or oral) of any Hazardous Materials Claims against Tenant private, administrative or judicial action, or any portion notice (written or oral) of any intended private, administrative, or judicial action relating to the Premises; (c) any remedial action taken by Tenant in response to any presence or alleged presence of Hazardous Materials Claims or any Hazardous Materials onMaterial in, under or about upon any portion real property owned or used by the Seller, and there is no reasonable basis for any such notice or action; and there are no pending or threatened actions or proceedings (or notices of potential actions or proceedings) against Seller from any governmental agency or any other entity regarding any matter relating to health, safety or protection of the Premises environment. For purposes of this Agreement, “Hazardous Materials” means (A) any petroleum or petroleum products, flammable explosives, radon, radioactive materials, asbestos in violation any form that is or could become friable, urea formaldehyde foam insulation and transformers or other equipment that contain dielectric fluid containing levels of any Hazardous Materials Lawspolychlorinated biphenyls (PCBs); (dB) Tenant’s discovery of any occurrence chemicals or condition on other materials or substances which are now or hereafter become defined as or included in the vicinity definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants” or words of similar import under any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous MaterialsEnvironmental Law; and (eC) all communications any other chemical or other material or substance, exposure to which is now or from Tenanthereafter prohibited, limited or regulated by any governmental or regulatory authority under any Environmental Law. For purposes of this Agreement, “Environmental Law” means any law or order of any other Person governmental or regulatory authority, agency, entity, or body relating to Hazardous Materials Laws the regulation or Hazardous Materials Claims with respect protection of human health, safety or the environment or to any portion emissions, discharges, releases or threatened releases of pollutants, contaminants, chemicals or industrial, toxic or hazardous substances or wastes into the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense environment (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlordambient air, to join and participate insoil, as a party if it so electssurface water, any legal proceedings ground water, wetlands, land or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgesubsurface strata), there are not pending claims or causes of action arising out or otherwise relating to the Facility manufacture, processing, distribution, use, treatment, storage, disposal, transport or the Premises as handling of the Commencement Date; and (ii) to Landlord’s knowledgepollutants, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereincontaminants, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Datechemicals or industrial, and, if required by law, Landlord hereby agrees to remedy any such actual toxic or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensehazardous substances or wastes.

Hazardous Materials. Tenant’s use of the Premises The Mortgagor shall (A) comply with ------------------- any and all Hazardous Materials Lawspresent and future Environmental Laws applicable to the Mortgaged Property, except for any items set forth on Exhibit “D”. If any Environmental Activities occur (B) not release, store, treat, handle, generate, discharge or are suspected to have occurred in violation dispose of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termat, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of from the Premises Mortgaged Property in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of a manner that could result in any portion of the Premises that materially increase the risk that material liability under any portion of the Premises will be exposed to Hazardous Materials; present and future Environmental Law and (eC) take all communications necessary steps to or from Tenantinitiate and expeditiously complete all remedial, corrective and other action to eliminate any governmental authority or such effect. In the event the Mortgagor fails to comply with the covenants in the preceding sentence, the Mortgagee may, in addition to any other Person remedies set forth herein, as agent for the Mortgagor and at the Mortgagor's sole cost and expense, cause any remediation, removal or response action relating to Hazardous Materials required by applicable Environmental Laws to be taken and the Mortgagor shall provide to the Mortgagee and its agents and employees access to the Mortgaged Property for such purpose. Any reasonable costs or Hazardous Materials Claims with respect to any portion of expenses incurred by the Premises, including copies thereofMortgagee for such purpose shall be immediately due and payable by the Mortgagor and shall bear interest at the Default Rate. Landlord The Mortgagee shall have the rightright at any time when an Event of Default shall have occurred and be continuing and at such other times when a potential violation of any present or future Environmental Law exists which in the Mortgagee's reasonable judgment could result in any material liability or obligation under such Environmental Law, and except for any items noted on Exhibit “D” at Tenant’s the sole cost and expense of the Mortgagor, to conduct an environmental audit of the Mortgaged Property by such persons or firms appointed by the Mortgagee, and the Mortgagor shall cooperate in all respects in the conduct of such environmental audit, including, without limitation, by providing access to the Mortgaged Property and to all records relating thereto. To the extent that any such environmental audit identifies conditions which in the Mortgagee's reasonable judgment would result in any material liability or obligation under any present or future Environmental Law, the Mortgagor agrees to expeditiously correct any such violation or respond to conditions giving rise to such liability or obligations in a manner which complies in all material respects with the Environmental Laws and mitigates associated health and environmental risks. The Mortgagor shall indemnify and hold the Mortgagee and each of the other Secured Parties harmless from and against all loss, cost, damage or reasonable expense (including, without limitation, Landlord’s reasonable attorneys’ ' and consultants' fees and costsdisbursements) and with counsel chosen that the Mortgagee or any other Secured Party may sustain by Landlordreason of the assertion against the Mortgagee or any Secured Party by any party of any claim relating to such Hazardous Materials on, to join and participate in, as a party if it so elects, any legal proceedings under or from the Mortgaged Property or actions initiated in connection taken with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgerespect thereto as authorized hereunder, there are not pending claims or causes of action arising out or relating except to the Facility extent arising from the gross negligence or the Premises as willful misconduct of the Commencement DateMortgagee or any other Secured Party. The foregoing indemnification shall survive repayment of all Secured Obligations and any release or assignment hereof; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use of Tenant shall not cause or permit the storage, use, generation, release (negligent release if the Hazardous Materials were not brought onto the Premises shall comply with all Hazardous Materials Lawsor the Real Property by a Tenant Party (as defined below)), except for any items set forth on Exhibit handling or disposal (collectively, “DHandling”. If any Environmental Activities occur or are suspected to have occurred in violation ) of any Hazardous Materials Laws (as defined below), in, on, or about the Premises or the Real Property by Tenant during the Term or if any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of (collectively with Tenant’s acts or omissions during the Term, “Tenant Parties”), except that Tenant shall promptly obtain be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities (“Common Office Chemicals”), provided that the Handling of such Common Office Chemicals shall comply at all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance times with all Legal Requirements, including Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in fulldefined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, Landlord, the Premises or the Real Property relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord’s prior written consent, Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for conditions and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of the Premises or in existence prior connection with, or otherwise relating to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy (i) any such actual or suspected problem through the removal Handling of Hazardous Materials by any Tenant Party or Tenant’s breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to cause the Real Property or any other property of whatever nature located on the Real Property to be in compliance with applicable Hazardous Materials Laws to the extent the failure to be in compliance is the result of the Handling of Hazardous Materials by any Tenant Party, including such restoration work as shall be reasonably required to return the Real Property or such other property to their prior condition, to the extent reasonably feasible (but in any event as required to comply with applicable Hazardous Materials Laws). Tenant’s obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, “Hazardous Materials” means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation asbestos containing materials, PCB’s, CFC’s, or substances defined as “hazardous substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Legal Requirement regulating, relating to, or imposing liability or standards of conduct concerning any such materials or substances now or at Landlord’s sole cost and expenseany time hereafter in effect (collectively, “Hazardous Materials Laws”).

Hazardous Materials. TenantLessee’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Lessee during the Term or if Tenant Lessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of TenantLessee’s acts or omissions during the Term, Tenant Lessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordLessor’s approval of the remediation plan, remedy any such problem to the reasonable satisfaction of Landlord Lessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Lessee shall immediately promptly advise Landlord Lessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Lessee or any portion of the Premises; (c) any remedial action taken by Tenant Lessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) TenantLessee’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all written communications to or from TenantLessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Lessor shall have the right, and except for any items noted on Exhibit “D” at TenantLessee’s sole cost and expense (including, without limitation, LandlordLessor’s reasonable attorneys’ fees and costs) and with counsel chosen by LandlordLessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord Lessor represents and warrants to Tenant that: (i) Lessee that to LandlordLessor’s knowledge, without inquiry or investigation, there are not no pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) . Lessee shall not have any obligations or liabilities with respect to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior existing conditions or matters relating to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of Facility or the Premises in existence prior to as of the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in material violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received written notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual violation or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem claim to the reasonable satisfaction of Landlord and in accordance in all material respects with all applicable governmental authorities, in accordance with all as required by Hazardous Materials Laws Laws. Tenant and good business practices. During the Term, Tenant Landlord shall immediately promptly advise Landlord one another in writing of: upon receiving written notice of (a) any Environmental Activities in material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or Landlord in connection with the Premises (or any portion of the Premises); (c) any remedial action taken by Tenant or Landlord in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in material violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises of which Tenant or Landlord, as applicable, has actual knowledge and that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all material communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on or under any portion of a Facility in violation of any Hazardous Materials Law, the Term shall be automatically extended with respect to such Facility only and this Master Lease shall remain in full force and effect with respect to such Facility only until the earlier to occur of (i) the completion of all remedial action or monitoring, as reasonably approved by Landlord, in accordance with all Hazardous Materials Laws, or (ii) the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Notwithstanding the foregoing, unless the Initial Term of this Master Lease is renewed pursuant to Section 1, above, in no event shall the provisions of this Section 8.5 extend the Term for a Facility beyond December 31, 2025 as to such Facility; provided, however, that Tenant’s obligations to complete all remedial action or monitoring pursuant to this Section 8.5 shall survive any such termination of the Term. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use Tenant shall not use, generate, store, or dispose of, or permit the use, generation, storage or disposal of the Premises shall comply with all Hazardous Materials Laws, on or about the Rangers Complex except in a manner and quantity necessary for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result ordinary performance of Tenant’s acts business, and then in compliance with all Applicable Laws regarding Hazardous Materials. Tenant (i) shall furnish or omissions during cause to be furnished to Landlord copies of any soils and other geotechnical reports that Tenant may obtain relating to the TermLand, promptly after receipt thereof, and (ii) shall use good faith efforts to have the entities that rendered such reports include the City as an additional addressee and/or cause such reports to contain a statement that expressly permits the City to be able to rely on each such report. If Tenant breaches its obligations under this Section 5.9, Landlord may, following reasonable advance notice in writing to Tenant (except in the event of an emergency) and the continuation of such breach following such notice period, take any and all action reasonably appropriate to remedy the same, including taking all appropriate action to clean up or remediate any contamination resulting from Tenant’s use, generation, storage or disposal of Hazardous Materials. In addition to any other indemnity of Landlord elsewhere in the Lease or any other Project Document, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisedefend, indemnify, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of hold harmless Landlord and its representatives and agents from and against any and all applicable governmental authoritiesclaims, in accordance with all Hazardous Materials Laws demands, liabilities, causes of action, suits, judgments, damages and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: expenses (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costscost of clean-up and remediation) and with counsel chosen by Landlordarising from Tenant’s use, to join and participate ingeneration, as a party if it so elects, any legal proceedings storage or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal disposal of Hazardous Materials on or about the Rangers Complex at any time during the Term. Upon expiration or early termination of this Lease, Landlord may require Tenant, at Landlord’s sole cost option and expensediscretion, to remediate and restore any physical conditions which were present on some or all of Land during or prior to the Term (and in any event before the Effective Date).

Hazardous Materials. TenantContamination. Borrower agrees to, (a) give notice to Lender immediately upon Borrower’s use acquiring knowledge of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation presence of any Hazardous Materials (other than those stored in compliance with applicable Laws and are in Borrower’s possession in the ordinary course of business) on any property owned or controlled by Tenant during the Term Borrower or if Tenant has received notice for which Borrower is responsible or of any Hazardous Materials Claim against contamination with a full description thereof for which remedial or corrective action is required; (b) promptly take action to comply with any portion Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials contamination and provide Lender with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the Premises part of any Governmental Authority; (c) provide Lender, within 30 days after a demand by Lender, with a bond, letter of credit or similar financial assurance evidencing to Lender’s reasonable satisfaction that the necessary funds are available to pay the cost of removing, treating and disposing of Hazardous Materials or Hazardous Materials contamination identified to Lender under the terms of this Section and discharging any Lien which may be established as a result thereof on any property owned or controlled by Borrower or for which Borrower is responsible; and (d) defend, indemnify and hold harmless Lender and its employees, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation presence of any Hazardous Materials Laws; (b) on any property owned or controlled by Borrower for which Borrower is responsible for any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensecontamination.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately promptly advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) that to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Tenant shall not cause or permit (i) any Hazardous Materials to be brought into the Real Property, (ii) the storage or use of Hazardous Materials in or about the Premises and/or the Real Property, or (iii) the escape, disposal or release of any Hazardous Materials within or in the vicinity of the Real Property. Nothing herein shall be deemed to prevent Tenant’s use of any Hazardous Materials customarily used in the ordinary course of office work, 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 in, on or under the Real Property which is caused or permitted 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. Landlord or its agents may perform environmental inspections of the Premises at any time and from time-to-time, at the cost and expense of Landlord; provided, however, that if any such inspection shall reveal that any Hazardous Materials have been released on or upon the Real Property or any portion thereof by a Tenant Party, then Tenant shall reimburse Landlord for the reasonable out-of-pocket, cost of any such inspections within thirty (30) days after delivery to Tenant of Landlord’s invoice therefor, accompanied by copies of third-party invoices evidencing the amount of such expense. If at any time during the Term hereof any Hazardous Materials is discovered in the Premises (or in the Building, which affects Tenant’s use of the Premises shall comply with all Premises), which Hazardous Materials Lawswere not brought upon the Premises and/or the Building by Tenant, any of its subtenant(s) or any of its or their agents, contractors, or employees, then Landlord shall remove and remediate such Hazardous Materials and Tenant shall be entitled to a Rent abatement hereunder for any period that (a) Tenant is prevented from prosecuting the construction of the Initial Improvements or (b) Tenant is unable to occupy the Premises (or portion thereof), in either such case, on account of such Hazardous Materials and such removal or remediation. Landlord represents to Tenant that, except for any items set forth on Exhibit as disclosed in that certain report entitled “D”. If any Principal Real Estate Investors Phase I Environmental Activities occur or are suspected Site Assessment, Xxxxxxx Park I and Xxxxxxx Xxxx XX, Cambridge, Massachusetts, dated December 2004, and prepared by Gannett Xxxxxxx” a copy of which has been delivered to have occurred in violation Tenant, Landlord has no actual knowledge of the release of any Hazardous Materials Laws by Tenant during on the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities Real Property in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant applicable Requirements. As used above in this Section 8.1(b), the term “actual knowledge” or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onsimilar term, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenantshall mean, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion Landlord, the actual knowledge of Xx. Xxxxxx Xxxxxxx or Ms. Xxxxxx Xxxxxx, each employed, as of the PremisesEffective Date, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitationby Xxxxx Lang LaSalle, Landlord’s reasonable attorneys’ fees and costs) managing agent for and with counsel chosen by Landlordrespect to the Real Property, to join and participate in, as a party if it so elects, the knowledge of any legal proceedings other person or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) persons or entities shall not be attributed to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s (a) TENANT, its subtenants, agents, employees, contractors, or invitees, shall not place, use or dispose of any Hazardous Substance (as hereinafter defined) on, under, in or about the Property, including the Premises, in violation of Applicable Environmental Laws (as hereinafter defined), or in excess of commercial quantities for similar uses in similar premises. TENANT shall indemnify, defend, protect and hold LANDLORD harmless from any and against all actions, fines, penalties, costs (including reasonable attorneys’ fees and costs through all proceedings, trials, appeals and collection proceedings) or losses due to claims, actions, investigations, remediations, cleanup actions, monitoring or other matters involving the use of the Premises shall comply with all Hazardous Materials LawsProperty, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of including the Premises, including copies thereofby TENANT or any of its subtenants, agents, employees, contractors, or invitees. Landlord In the event LANDLORD exercises its rights under this paragraph of the Lease, LANDLORD shall have promptly deliver to TENANT notice of such exercise, together with all information and written material available to LANDLORD relating to such claim. LANDLORD shall, if notified by TENANT of TENANT’S election to do so within fifteen (15) days of the rightdate of such notice of a claim, permit TENANT to defend in the name of LANDLORD any claim in any appropriate administrative or judicial proceedings and take whatever actions may be reasonably requested of LANDLORD to permit TENANT to make such defense or take any necessary action, and except for any items noted on Exhibit “D” all of the foregoing shall be done at Tenant’s TENANT’S sole cost and expense (expense. In the event TENANT defaults or refuses to perform its obligations hereunder, LANDLORD shall be entitled to take any necessary action to protect its interest hereunder in the interest of the Property, including, without limitation, Landlordconducting such defenses, settlements or compromises deemed appropriate, in LANDLORD’S sole and absolute discretion, and TENANT shall remain fully liable for the costs, including any fines, penalties and reasonable attorney’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy way arising from any such actual loss, investigation, remediation, claim, defense or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseother action.

Hazardous Materials. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substance defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant shall not cause or permit any Hazardous Material to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises by Tenant, its agents, employees, contractors, sublessees or invitees without the prior written consent of Landlord; provided, however, Tenant shall be allowed to store and use nominal amounts of commercially available cleaning and standard office products without the consent of Landlord. For other than such products, Tenant shall provide Landlord with ten (10) days advance written notice, setting forth an itemization of all such Hazardous Materials, with a detailed description thereof, and the intended volume, location and use of such Materials at the Premises, prior to the use or allowance of any other products, materials or substances which are Hazardous Materials as defined above or which have or may have adverse effects on the environment or the health and safety of persons. Landlord shall be entitled to take into account such other factors or facts as Landlord reasonably deems to be relevant in determining whether to grant or withhold consent to Tenant’s proposed activity with respect to Hazardous Material. In no event, however, shall Landlord be required to consent to the installation or use of any storage tanks in or on the Premises. Tenant shall have no obligation to investigate or remediate any Hazardous Materials located in or as part of the base building as of the Commencement Date or in any areas of the Project located outside the Premises that were not placed thereon or therein, or damaged, exacerbated (but only to the extent exacerbated) or disturbed by Tenant or any of Tenant’s agents, contractors, employees, licensees or invitees. Landlord covenants that during the Lease Term, Landlord shall not cause any Hazardous Materials to be introduced in, on or under the Project by Landlord, its agents, employees or contractors in violation of applicable laws in effect at the time of such introduction and Landlord shall comply with all applicable laws with respect to Hazardous Materials Lawsin accordance with, except for any items set forth on Exhibit “D”and as required by, the terms of this Lease. If any Environmental Activities occur or are suspected to have occurred in violation In addition, Operating Expenses shall not include the cost of remediation of any Hazardous Materials Laws by Tenant during to the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extent (A) existing on those portions of the Premises Project owned by Landlord as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction date of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities execution of this Lease in violation of applicable laws at such time (including asbestos), (B) resulting from asbestos, and/or (C) not caused by Tenant or its agents, contractors, employees, licensees or invitees. For purposes hereof, “costs of remediation” shall mean the costs associated with the investigation, testing, monitoring, containment, removal, remediation, cleanup and/or abatement of any release of any such Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or described in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed immediately preceding sentence as necessary to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection comply with any Hazardous Materials Claimsapplicable laws. Landlord represents and warrants to Tenant that: (i) Tenant, to the best of Landlord’s knowledge, there that the Premises and Project are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior applicable laws relating to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost and expenseMaterials.

Hazardous Materials. Tenant’s use of Tenant shall not cause or permit the Premises shall comply with all Hazardous Materials Laws------------------- storage, except for any items set forth on Exhibit “D”. If any Environmental Activities occur use, generation, release, handling or are suspected to have occurred in violation disposal (collectively, "Handling") of any Hazardous Materials Laws (as defined below), in, on, or about the Premises or the Real Property by Tenant during the Term or if any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of (collectively with Tenant’s acts or omissions during the Term, "Tenant Parties"), except that Tenant shall promptly obtain be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance times with all Legal Requirements, including Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in fulldefined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, Landlord, the Premises or the Real Property relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord's prior written consent (which consent may be withheld in Landlord's sole discretion), Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for conditions and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Premises in existence Real Property or any other property of whatever nature located on the Real Property to their condition existing prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Handling of Hazardous Materials in, on or about the Premises. Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation asbestos containing materials, PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Legal Requirement regulating, relating to, or imposing liability or standards of conduct concerning any such materials or substances now or at Landlord’s sole cost and expenseany time hereafter in effect (collectively, "Hazardous Materials Laws").

Hazardous Materials. Tenant’s Tenant shall not (a) introduce on or transfer to or store on the Premises, the Building or the Complex or use on the Premises, any Hazardous Materials (as hereinafter defined), except such Hazardous Materials in such amounts as are reasonably necessary for the conduct of the Premises shall comply Permitted Uses, and then only in compliance with all Hazardous Materials LawsEnvironmental and Health Laws (as hereinafter defined) and the terms and conditions of recommendations, except for policies or requirements of any items set forth on Exhibit “D”. If any Environmental Activities occur insurer of the Building or are suspected to have occurred in violation Complex ("Insurance Conditions"); (b) dump, flush or otherwise dispose of any Hazardous Materials Laws by Tenant during into the Term drainage, sewage or if Tenant has received notice waste disposal systems serving the Premises, the Building or the Complex; (c) generate, release, spill or dispose of any Hazardous Materials Claim against in or on the Premises, the Building or the Complex, or (d) transfer any portion of Hazardous Materials from the Premises as a result to any other location (except the transfer of Tenant’s acts such Hazardous Materials expressly permitted to be used on the Premises from the Premises for disposal and then only in compliance with all Environmental and Health Laws and Insurance Conditions); and shall not commit or omissions during suffer to be committed in or on the TermPremises, the Building or the Complex any act which would require any reporting or filing of any notice with any governmental agency pursuant to any Environmental and Health Laws except in connection with the Permitted Uses. Tenant agrees that if it or anyone claiming under it shall transfer to the Premises, store, use or dispose (except to the extent expressly permitted above), generate, release, threaten release or spill, any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental and Health Laws, regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall promptly obtain all permits and approvals necessary to remedy pay any such actual fines, penalties or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken other assessments imposed by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises, including copies the Building or the Complex which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental and Health Laws or with respect to any Hazardous Materials affecting the Premises, the Building or the Complex. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's use of the Premises and, in particular, to Tenant's use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall have the rightindemnify, defend (by counsel satisfactory to Landlord), protect, and except hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any items noted on Exhibit “D” at person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in party, directly or indirectly, by (i) Tenant’s sole cost 's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's failure to comply with any Environmental and expense Health Laws. Tenant's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, Landlord’s reasonable attorneys’ fees capital, operating and maintenance costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated incurred in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeinvestigation or monitoring of site conditions, there are not pending claims repair, cleanup, containment, remedial, removal or causes of action arising out restoration work, or relating to the Facility detoxification or the Premises as decontamination of the Commencement Date; Premises, and (ii) to Landlord’s knowledge, no Environmental Activities in violation the preparation and implementation of any Hazardous Materials Laws have occurred prior closure, remedial action or other required plans in connection therewith. For purposes of this Subsection 6.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTenant.

Hazardous Materials. Tenant’s use Hazardous materials shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, that concerns the existence, management, control, discharge, treatment, containment and/or removal of substances or materials that are or may become a threat to public health or the environment including, but not limited to, substances defined as “hazardous substances”, “hazardous materials”, “toxic substances” or “hazardous wastes” as covered under the California Health and Safety Code, and in any regulations adopted, published and/or promulgated pursuant to said laws, and in any other environmental law, regulation or ordinance now existing or hereinafter enacted. Lessee hereby agrees that it shall not use, generate, manufacture, refine, produce, process, store or dispose of on, under or about the leased Premises shall comply or transport to or from the Leased Premises any hazardous materials, except in compliance with all applicable Hazardous Materials Material Laws, nor does Lessee intend to use the Leased Premises in the future for the purpose of generating, manufacturing, refining, producing, storing, handling, transferring, processing or transporting of hazardous materials, except for in compliance with any items set forth on Exhibit “D”Hazardous Material Laws. If at any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant time during the Term term of this Lease, hazardous materials are used, or if Tenant has received notice of any Hazardous Materials Claim against any portion of placed by Lessee on the Leased Premises as a result of TenantLessee’s acts activities on the Leased Premises or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy if any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval contamination of the remediation planLeased Premises shall occur solely as a result of Lessee’s activities on the Leased Premises, remedy any Lessee, at Lessee’s sole cost and expense, shall remove, remediate or encapsulate such problem to the satisfaction of Landlord and all applicable governmental authorities, hazardous waste in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion requirements of the Premises; (c) appropriate governmental agency. In the event Lessee discovers any remedial action taken by Tenant hazardous materials in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of on the Premises in violation of any Hazardous Materials Material Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Lessee shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, immediately notify Lessor and, if unless Lessee is required by lawunder the preceding sentence remove, Landlord hereby agrees to remedy any remediate or encapsulate such actual hazardous materials or suspected problem through the removal of Hazardous Materials waste, Lessor shall do so at LandlordLessor’s sole cost and expense. If Lessor or Lessee is required to remove any hazardous materials under this Section, it shall cause such hazardous materials or waste to be removed from the Leased Premises to be removed and transported solely by duly licensed haulers to duly licensed facilities for disposal.

Hazardous Materials. Tenant’s use of the Premises shall comply Keep and maintain, and cause its Subsidiaries to keep and maintain, all real Property in which Borrower or a Subsidiary has any ownership or leasehold interest (“Real Property”) in compliance with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred ; provided that Borrower shall not be in violation of this covenant to the extent that such non-compliance creates no material risk to occupants of such Real Property, material damage to such Real Property or material threat to the environment for which, in the case of leased Real Property, Borrower or any Hazardous Materials Laws by Tenant during of its Subsidiaries is liable and to the Term extent that any fines, penalties or if Tenant has received notice other assessments in respect of any Hazardous Materials Claim against any portion of such non-compliance do not exceed $1,000,000 in the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits aggregate; and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisenot, and upon Landlord’s approval not permit any of the remediation planits Subsidiaries to, remedy any such problem to the satisfaction use, generate, manufacture, store or dispose of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion Real Property, or transport to or from any Real Property, any flammable explosives, radioactive materials, hazardous wastes or toxic substances, including any 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 the Hazardous Materials (a) listed on Schedule 6.12 (and, to the extent such listing includes “trade name” substances, substitutions for such trade name substances containing the same component hazardous material), or (b) used by Borrower, its Subsidiaries and other occupants of the Premises Real Property in violation connection with their respective business operations or for general maintenance of any such Real Property and in material compliance with Hazardous Materials Laws, in no greater than commercially reasonable quantities, in both cases for which disposal has been or will be arranged in accordance with applicable Laws; provided that Borrower shall indemnify, defend and hold harmless the Indemnitees from and against (d) Tenant’s discovery of any occurrence or condition on or in which indemnity shall survive the vicinity of any portion repayment of the Premises that materially increase Obligations) any loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the risk that any portion use, generation, storage, release, threatened release, discharge, transportation, disposal, or presence of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws (including asbestos) on, under or Hazardous Materials Claims with respect to about the any portion of the PremisesReal Property, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgethe costs of any required or necessary repair, there are not pending claims cleanup or causes detoxification of action arising out any Real Property, and the preparation and implementation of any closure, remedial or relating to the Facility or the Premises as of the Commencement Date; other required plans and (ii) to Landlord’s knowledgeall reasonable costs and expenses incurred by the Indemnitees in connection with clause (i), no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseincluding all reasonable Attorney Costs.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about the Premises, Building or Project by Tenants, its agents, employees, contractors, or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant’s use '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 Premises shall comply with all Hazardous Materials LawsBuilding and Project, except for any items set forth on Exhibit “D”giving consideration to the nature of the Project and Building). If any Environmental Activities occur Tenant breaches the obligations stated in the preceding sentence, or are suspected to have occurred in violation if the presence of any Hazardous Materials Laws Material on the Premises, Building or Project caused or permitted by Tenant during results in contamination of the Term Premises, the Building or the Project, or if Tenant has received notice of any Hazardous Materials Claim against any portion contamination of the Premises Premises, the Building or the Project, by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (other than consequential damages) which arise during or after the Lease Term as a result of Tenant’s acts such contamination. This indemnification of Landlord by Tenant includes, without limitation, the obligation to reimburse Landlord for costs incurred in connection with any investigation of site conditions or omissions during 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 TermPremises, 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 obtain take all permits and approvals actions at its sole expense as are necessary to remedy return the Premises, the Building or the Project to the condition existing prior to the introduction of any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Material thereto; provided that Landlord’s 's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the remediation planPremises, remedy Building or Project or exposes Landlord to any liability therefor and such problem to the satisfaction of Landlord and all applicable governmental authorities, actions are undertaken in accordance with all Hazardous Materials Laws applicable laws, rules and good business regulations and accepted industry practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s Tenant shall not (a) introduce on or transfer to or store on the Premises, the Building or the Complex or use on the Premises, any Hazardous Materials (as hereinafter defined), except such Hazardous Materials in such amounts as are reasonably necessary for the conduct of the Premises shall comply Permitted Uses, and then only in compliance with all Hazardous Materials LawsEnvironmental and Health Laws (as hereinafter defined) and the terms and conditions of recommendations, except for policies or requirements of any items set forth on Exhibit “D”. If any Environmental Activities occur insurer of the Building of Complex ("Insurance Conditions"); (b) dump, flush or are suspected to have occurred in violation otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises, the Building or the Complex, except in compliance with Environmental and Health Laws by Tenant during the Term and Insurance Conditions; (c) release, spill or if Tenant has received notice dispose of any Hazardous Materials Claim against in or on the Premises, the Building or the Complex, or (d) transfer any portion of Hazardous Materials from the Premises as a result to any other location (except the transfer of Tenant’s acts such Hazardous Materials expressly permitted to be used on the Premises from the Premises for disposal and then only in compliance with all Environmental and Health Laws and Insurance Conditions). Tenant agrees that if it or omissions during anyone claiming under it shall transfer to the TermPremises, store, use or dispose (except to the extent expressly permitted above), generate, release, threaten release or spill, any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental and Health Laws, regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall promptly obtain all permits and approvals necessary to remedy pay any such actual fines, penalties or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken other assessments imposed by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises, including copies the Building or the Complex which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord shall have the rightany notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and Health Laws or with counsel chosen by Landlord, respect to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claimsaffecting the Premises, the Building or the Complex. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or other informational requests relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Tenant's use of the Premises in existence prior to the Commencement Date, and, if required by lawin particular, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Tenant's use, generation, storage and/or disposal of Hazardous Materials at Landlord’s sole cost and expenseat, to, or from the Premises.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (defined below) to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises without the specific prior written consent of Landlord and subject to the provisions of this Section. Landlord shall take into account such factors as Landlord considers relevant in determining whether to grant or withhold consent to Tenant’s proposed Hazardous Material. No installation or use of storage tanks is permitted on the Premises. Tenant shall immediately notify Landlord of any hazardous contamination of the Premises. Landlord may elect to test the Premises shall comply with all for the presence of Hazardous Materials Laws, except for at any items set forth on Exhibit “D”time during the Term and after Tenant vacates the Premises. If any Environmental Activities occur or are suspected to have occurred in violation such testing indicates the presence of any Hazardous Materials, and if Tenant brought Hazardous Materials Laws by Tenant during of that type into the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the TermPremises, Tenant shall immediately advise reimburse Landlord for all costs incurred in writing of: the testing and the clean-up. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste, including any substances included in the definition of “hazardous substances.” “hazardous wastes,” “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local regulations, including petroleum-based products, asbestos. PCBs and similar compounds. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, penalties (acivil and criminal) imposed by any Environmental Activities governmental authority’ with respect to Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Materials, in violation of or about the Project and any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of brought into the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in during the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; Term. Tenant shall indemnify, defend and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. save Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees mortgagees harmless from any and costs) all costs and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated penalties arising in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to LandlordTenant’s knowledgeuse, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledgedisposal, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereintransportation, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal generation and/or sale of Hazardous Materials at Landlord’s sole cost and expenseMaterials.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on, under or about any portion of the Premises in violation of any Hazardous Materials Law, the Term shall be automatically extended and this Master Lease shall remain in full force and effect until the earlier to occur of the completion of all remedial action or monitoring, as approved by Landlord, in accordance with all Hazardous Materials Laws, or the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant(a) Tenant (i) will not conduct any activity on the Landlord’s Property that will use of the Premises shall comply with all or produce any Hazardous Materials LawsMaterials, except for such activities that are part of the ordinary course of Tenant’s business activities and conducted in accordance with all Environmental Laws; (ii) will not use the Landlord’s Property in any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation manner for the storage of any Hazardous Materials Laws by Tenant during except for storage of such materials that are used in the Term or if Tenant has received notice ordinary course of Tenant’s business and properly stored in a manner and location satisfying all Environmental Laws; (iii) will not install any underground tanks of any type; and (iv) will not permit any Hazardous Materials Claim against to be brought onto the Landlord’s Property, except in the ordinary course of Tenant’s business and in compliance with all Environmental Laws. If any portion Hazardous Materials are brought or found on the Landlord’s Property in violation of Environmental Laws and/or in violation of the Premises above provisions of this Section, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Lease Term, the Landlord’s Property is found to be so contaminated or subject to such conditions then the Tenant shall defend, indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Landlord’s Property by Tenant or Tenant Invitees under Tenant’s acts or omissions during the Termdirection, Tenant shall promptly obtain all permits and approvals necessary to remedy any whether such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have use occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything sale by the Tenant to the contrary contained hereinLandlord of the Landlord’s Property or during the Term of this Lease. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a material safety data sheet (an “MSDS”) was issued by the producers or manufacturers thereof, together with copies of the MSDS’s for such materials, and shall deliver such list and MSDS copies to Landlord upon Landlord’s request therefor. Except for Hazardous Materials that existed in no event or on the Premises prior to Tenant’s occupancy thereof, Tenant shall Tenant be responsible for conditions of remove all Hazardous Materials from the Premises in existence prior a manner acceptable to Landlord before the Commencement Dateearlier of the date Tenant vacates the Premises and the date Tenant’s right to possess the Premises ends. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, andprovided that Landlord shall use reasonable efforts to minimize the interference with Tenant’s business. Such inspections and tests shall be conducted at Landlord’s expense, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through unless they reveal the removal presence of Hazardous Materials at in violation of the above provisions of this Section or that Tenant has not complied with the requirements of this Section, in which case Tenant shall reimburse Landlord for the cost thereof within ten days after Landlord’s sole cost and expenserequest therefor.

Hazardous Materials. Tenant’s use of Except where the Premises failure to do so would not result in a Property Material Adverse Effect, the Mortgagor shall (A) comply with any and all Hazardous Materials Lawspresent and future Environmental Laws applicable to the Mortgaged Property, except for any items set forth on Exhibit “D”. If any Environmental Activities occur (B) not release, store, treat, handle, generate, discharge or are suspected to have occurred in violation dispose of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termat, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of from the Premises Mortgaged Property in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of a manner that could result in any portion of the Premises that materially increase the risk that material liability under any portion of the Premises will be exposed to Hazardous Materials; present and future Environmental Law and (eC) take all communications necessary steps to or from Tenantinitiate and expeditiously complete all remedial, corrective and other action to eliminate any governmental authority or such effect. In the event the Mortgagor fails to comply with the covenants in the preceding sentence, the Mortgagee may, in addition to any other Person remedies set forth herein, as agent for the Mortgagor and at the Mortgagor’s sole cost and expense, cause any remediation, removal or response action relating to Hazardous Materials required by applicable Environmental Laws to be taken and the Mortgagor shall provide to the Mortgagee and its agents and employees access to the Mortgaged Property for such purpose. Any reasonable costs or Hazardous Materials Claims with respect to any portion of expenses incurred by the Premises, including copies thereofMortgagee for such purpose shall be immediately due and payable by the Mortgagor and shall bear interest at the Default Rate. Landlord The Mortgagee shall have the rightright at any time when an Event of Default shall have occurred and be continuing and at such other times when a potential violation of any present or future Environmental Law exists which in the Mortgagee’s reasonable judgment could result in any material liability or obligation under such Environmental Law, and except for any items noted on Exhibit “D” at Tenant’s the sole cost and expense of the Mortgagor, to conduct an environmental audit of the Mortgaged Property by such persons or firms appointed by the Mortgagee, and the Mortgagor shall cooperate in all respects in the conduct of such environmental audit, including, without limitation, by providing access to the Mortgaged Property and to all records relating thereto. To the extent that any such environmental audit identifies conditions which in the Mortgagee’s reasonable judgment would result in any material liability or obligation under any present or future Environmental Law, the Mortgagor agrees to expeditiously correct any such violation or respond to conditions giving rise to such liability or obligations in a manner which complies in all material respects with the Environmental Laws and mitigates associated health and environmental risks. The Mortgagor shall indemnify and hold the Mortgagee and each of the other Secured Parties harmless from and against all loss, cost, damage or reasonable expense (including, without limitation, Landlord’s reasonable attorneys’ and consultants’ fees and costsdisbursements) and with counsel chosen that the Mortgagee or any other Secured Party may sustain by Landlordreason of the assertion against the Mortgagee or any Secured Party by any party of any claim relating to such Hazardous Materials on, to join and participate in, as a party if it so elects, any legal proceedings under or from the Mortgaged Property or actions initiated in connection taken with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgerespect thereto as authorized hereunder, there are not pending claims or causes of action arising out or relating except to the Facility extent arising from the gross negligence or the Premises as willful misconduct of the Commencement DateMortgagee or any other Secured Party. The foregoing indemnification shall survive repayment of all Secured Obligations and any release or assignment hereof; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant shall not cause or permit to occur (i) any violation of applicable Laws now or hereafter enacted or issued, related to environmental conditions on, under, or about the Premises arising from Tenant’s 's leasehold interest in or use or occupancy of the Premises shall comply with all Hazardous Materials Lawsincluding, except for any items set forth on Exhibit “D”. If any Environmental Activities occur soil and groundwater conditions and (ii) the use, generation, release, manufacture, refining, production, processing, storage, or are suspected to have occurred in violation disposal of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under under, or about the Premises or the Building or the transportation to or from the Premises or the Building of any portion Hazardous Materials, except de minimis amounts of Hazardous Materials that are commonly used in office products or are present in ordinary cleaning supplies. All such office products and cleaning supplies will be used and stored in a manner that complies with all Laws. Tenant shall at its own expense make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities under Laws relating to Hazardous Materials. Should any governmental entity having jurisdiction over the Premises demand that a remediation plan be prepared or that remediation be undertaken because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs during the Term of this Lease at or from the Premises which arises at any time from Tenant's use or occupancy of the Premises or from acts or omissions of Tenant, its agents, employees, representatives, or invitees, then Tenant shall, at its own expense, prepare and submit the required plans. Tenant shall indemnify, defend, protect, and hold Landlord, its partners, officers, directors, beneficiaries, shareholders, agents, employees, and lenders harmless from all fines, suits, procedures, claims, liabilities, and actions of every kind, and all costs associated therewith (including investigation costs and attorneys' and consultants' fees) arising out of or in violation any way connected with any deposit, spill, discharge, or other release of any Hazardous Materials Laws; (d) that occurs during the Term of this Lease, at or from the Premises which arises at any time from Tenant’s discovery of any occurrence 's use or condition on or in the vicinity of any portion occupancy of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant's failure to provide all information, make all submissions, and take all steps requires by any governmental authority authorities having jurisdiction over the Premises. Tenant's obligations and the indemnity hereunder shall survive the expiration or any other Person relating to earlier termination of this Lease. The term Hazardous Materials Laws as used herein shall include any chemical, substance, or Hazardous Materials Claims with respect material which has been or is hereafter determined by any federal, state, or local governmental agency to any portion be capable of the Premisesposing a risk of injury to health or safety including petroleum, including copies thereof. Landlord shall have the rightasbestos, polychlorinated biphenyls, radioactive materials, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseradon gas.

Hazardous Materials. Tenant’s Tenant hereby represents and agrees that it will not use, handle, store, transport or dispose of or permit the use, handling, storage, transportation or disposal of hazardous or toxic substances, as those terms may be defined or used in any local, state, or federal environmental, hazardous substance or land or water use laws or regulations, and that any intentional use or accidental spillage of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws such substance will be cleaned up by Tenant during the Term or if immediately after such occurrence. Tenant has received notice of any Hazardous Materials Claim hereby agrees to indemnify, defend and save harmless Landlord from and against any portion of the Premises as a result of Tenant’s acts or omissions during the Termall loss, Tenant shall promptly obtain all permits costs, expenses, fines, penalties, reimbursement costs and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: damages (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and court costs) that result from Tenant’s, their employees’, agents’, customers’ or clients’ use of the Premises, arising under any provision of local, state or federal law, including common law, which prohibits or regulates the use, handling, storage, transportation or disposal of a hazardous or toxic substance or which requires removal or remedial action and with counsel chosen by Landlordthe costs of removal or remedial action of such hazardous or toxic substance, to join and participate in, as a party if it so elects, including any legal proceedings or actions initiated fines levied in connection with therewith, whether such costs of response are incurred by the Landlord or any Hazardous Materials Claimslocal, state or federal governments or by other persons and including any personal injuries suffered in connection therewith. Landlord represents and warrants to Tenant that: (i) to To the best of Landlord’s knowledge, there are not pending claims without having a duty for independent inquiry or causes of action arising out investigation, no hazardous or relating to the Facility toxic substances or asbestos exist on the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, date hereof and, if required by lawit is subsequently determined that hazardous or toxic substances or asbestos existed on the Premises as of the date hereof, Landlord hereby agrees will at its expense use reasonable efforts to remedy remove it, will test the areas affected and ultimately provide Tenant with “clean” test results, and will indemnify and hold Tenant, its agents and employees harmless from any such actual loss or suspected problem through the removal of Hazardous Materials at Landlord’s sole liability, cost and expenseor expense (including reasonable attorneys’ fees) incurred in connection therewith.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Lease, if any Hazardous Materials are discovered on, under or about any portion of the Premises in violation of any Hazardous Materials Law, the Term shall be automatically extended and this Lease shall remain in full force and effect until the earlier to occur of the completion of all remedial action or monitoring, as approved by Landlord, in accordance with all Hazardous Materials Laws, or the date specified in a written notice from Landlord to Tenant terminating this Lease (which date may be subsequent to, but not earlier than, the date upon which the Term was to have expired). Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s 's use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s 's acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s 's approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s 's discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s 's sole cost and expense (including, without limitation, Landlord’s 's reasonable attorneys’ ' fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) that to Landlord’s 's knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Tenant’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in material violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received written notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual violation or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem claim to the reasonable satisfaction of Landlord and in accordance in all material respects with all applicable governmental authorities, in accordance with all as required by Hazardous Materials Laws Laws. Tenant and good business practices. During the Term, Tenant Landlord shall immediately promptly advise Landlord one another in writing of: upon receiving written notice of (a) any Environmental Activities in material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or Landlord in connection with the Premises (or any portion of the Premises); (c) any remedial action taken by Tenant or Landlord in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in material violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises of which Tenant or Landlord, as applicable, has actual knowledge and that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all material communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on or under any portion of a Facility in violation of any Hazardous Materials Law, the Term shall be automatically extended with respect to such Facility only and this Master Lease shall remain in full force and effect with respect to such Facility only until the earlier to occur of (i) the completion of all remedial action or monitoring, as reasonably approved by Landlord, in accordance with all Hazardous Materials Laws, or (ii) the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Notwithstanding the foregoing, unless the Initial Term of this Master Lease is renewed pursuant to Section 1, above, in no event shall the provisions of this Section 8.5 extend the Term for a Facility beyond September 29, 2038 as to such Facility; provided, however, that Tenant’s obligations to complete all remedial action or monitoring pursuant to this Section 8.5 shall survive any such termination of the Term. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. TenantSublessee’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Sublessee during the Term or if Tenant Sublessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of TenantSublessee’s acts or omissions during the Term, Tenant Sublessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordSublessor’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord Sublessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Sublessee shall immediately promptly advise Landlord Sublessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Sublessee or any portion of the Premises; (c) any remedial action taken by Tenant Sublessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) TenantSublessee’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantSublessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Sublessor shall have the right, and except for any items noted on Exhibit “D” at TenantSublessee’s sole cost and expense (including, without limitation, LandlordSublessor’s reasonable attorneys’ fees and costs) and with counsel chosen by LandlordSublessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord Sublessor represents and warrants to Tenant that: (i) Sublessee that to LandlordSublessor’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Tenant’s use ENVIRONMENTAL MATTERS 39.01. As used herein, "Hazardous Materials Laws" means all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of the Premises shall any oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials or waste, infectious waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, Hazardous Materials"). Tenant shall, at its own expense, at all times and in all respects: (i) comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Laws regarding Hazardous Materials Laws introduced in or about the Building by or at the direction of Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion in connection with Tenant's use of the Premises as a result ("Tenant's Hazardous Materials"); and (ii) procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of 's Hazardous Materials within, on, under or otherwise, and upon Landlord’s approval of about the remediation plan, remedy any such problem to the satisfaction of Landlord and Building in conformity with all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practicesprudent industry practices regarding management of such Hazardous Materials. During the Term, Landlord recognizes and agrees that Tenant may use Tenant's Hazardous Materials in normal quantities that are applicable to general office use and that such use by Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities not be deemed a violation of this Section, so long as the levels are not in violation of any Hazardous Materials Laws; . Upon termination or expiration of the term of this Lease, Tenant shall, at its own expense, cause all of Tenant's Hazardous Materials to be removed from the Demised Premises and the Building and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall indemnify, protect, defend (bby counsel reasonably acceptable to Landlord), and hold Landlord and Landlord's employees, agents, principals, partners, shareholders, members, attorneys, accountants, professionals and other representatives, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and expenses (including attorneys' fees) or death of in injury to any person or damage to any property whatsoever, including, without limitation, the Building common area, arising from or caused in whole or in part, directly or indirectly, by the presence in or about the Building of any of Tenant's Hazardous Materials or by Tenant's failure to comply with any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Laws regarding Tenant's Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in connection with any removal, remediation, clean up, restoration and materials required hereunder to return the vicinity Demised Premises and any other property of any portion whatever nature to their condition existing prior to the appearance of the Premises that materially increase the risk that any portion of the Premises will be exposed to Tenant's Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightright from time to time, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s upon reasonable attorneys’ fees and costs) and with counsel chosen by Landlordprior written notice, to join enter in and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents upon the Demised Premises and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to inspect same for the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost and expensefor Tenant's compliance with all Hazardous Materials Laws.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (defined below) to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises without the specific prior written consent of Landlord and subject to the provisions of this Section. Landlord shall take into account such factors as Landlord considers relevant in determining whether to grant or withhold consent to Tenant’s proposed Hazardous Material. No installation or use of storage tanks is permitted on the Premises. Tenant shall immediately notify Landlord of any hazardous contamination of the Premises. Landlord may elect to test the Premises for the presence of Hazardous Materials at any time during the Term and after Tenant vacates the Premises. If any such testing indicates the presence of Hazardous Materials, and if Tenant brought Hazardous Materials of that type into the Premises, Tenant shall immediately reimburse Landlord for all costs incurred in the testing and the clean-up. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste, including any substances included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local regulations, including petroleum-based products, asbestos, PCBs and similar compounds. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Materials, in or about the Project and any Hazardous Materials brought into the Premises during the Term. Tenant shall indemnify, defend and save Landlord and Landlord’s mortgagees harmless from any and all costs and penalties arising in connection with Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Materials. Landlord acknowledges Tenant will utilize hazardous materials in the premises (as identified on Exhibit F) and Tenant shall comply with all Hazardous Materials Lawsapplicable federal, except for any items set forth state or local regulations and shall provide Landlord with evidence of such and a copy of their hazardous waste disposal contract. Landlord acknowledges that the materials identified on Exhibit “D”Fare subject to change. If any Environmental Activities occur or Tenant agrees to notify Landlord and provide an updated list in the event there are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem significant changes to the satisfaction of Landlord materials used and all applicable governmental authorities, stored in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

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 on or about the Premises or any other portion of the Project, nor shall Tenant allow the storage or use of such substances or materials on or about the Premises or any other portion of the Project, nor allow to be brought into the Premises or any other portion of the Project any such materials or substances. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, the Superfund Amendments and Reauthorization Act of 1986, the Occupational Safety and Health Act, the Clean Water Act, any amendments to such Acts, and any federal, state or municipal laws, ordinances, regulations or common law which may now or hereafter impose liability on Landlord with respect to hazardous substances (“Hazardous Substances”). Hazardous Substances shall not include, and this Lease will not be construed to prohibit, Tenant’s use or storage of incidental quantities or supplies or products which are commonly used in offices or Tenant’s business, such as copier fluid and ordinary cleanings supplies, provided any such product is disposed of properly. Tenant will be solely responsible for and will defend, indemnify and hold Landlord, its agents and employees harmless from and against all claims, costs and liabilities, including attorneys’ fees, court costs, and other expenses of litigation (i) arising out of or in connection with any breach of this Section by Xxxxxx, or (ii) arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Premises and the Project and any other property of whatever nature located therein to their condition existing prior to the introduction of Hazardous Substances in or about the Premises or Project by Tenant; provided, however, that foregoing indemnity shall comply with all not include, and Tenant shall have no liability whatsoever for, any Hazardous Materials LawsSubstances that were located on or about the Premises and/or Building on, except for or before, the Commencement Date, nor any items set forth Hazardous Substances placed on Exhibit “D”or about the Premises and/or Building by Landlord, its employees, agents or contractors, or by any other tenant. If any Environmental Activities occur lender or are suspected governmental agency shall ever require testing to have occurred in violation of ascertain whether or not there has been any Hazardous Materials Laws by Tenant during the Term Substances on or if Tenant has received notice of any Hazardous Materials Claim against any portion of about the Premises (or, as a result of Tenant’s acts actions, on or omissions during about other portions of the TermProject), then, if such testing determines that Tenant has breached this Section 28.18, the costs thereof shall promptly obtain all permits be reimbursed by Tenant to Landlord upon demand additional charges. In addition, Xxxxxx shall execute affidavits, representations and approvals necessary the like from time to remedy any such actual or suspected problem through time at Landlord’s request concerning Xxxxxx’s knowledge and belief regarding the removal presence of Hazardous Materials Substances or otherwise, materials on the Premises. The within covenants and upon Landlord’s approval indemnity shall survive the expiration or earlier termination of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Term .. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Effective Date; and (ii, Xxxxxxxx has received no written notice(s) to Landlord’s knowledge, no Environmental Activities in of any violation of any Hazardous Materials Laws have occurred prior Substances laws related to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseBuilding.

Hazardous Materials. Section 14.1 Tenant will not cause any Hazardous Material to be brought upon, kept or used on the Demised Premises in a manner or for a purpose prohibited by or that could result in liability under any Hazardous Materials Law. Tenant, at its sole cost and expense, will comply with all Hazardous Materials Laws and prudent industry practice relating to the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about the Demised Premises required for Tenant’s use of the Premises shall comply and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Demised Premises (other than small quantities of cleaning or other supplies). On or before the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Demised Premises (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the TermTenant causes to be present in, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about the Demised Premises. Tenant will not take any portion of remedial action in response to the Premises in violation presence of any Hazardous Materials Laws; (d) Tenant’s discovery of in, on, under or about the Demised Premises, nor enter into any occurrence settlement agreement, consent decree or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims compromise with respect to any portion of Claims relating to or in any way connected with Hazardous Materials in, on, under or about the Demised Premises, including copies thereof. without first notifying Landlord shall have the right, and except for any items noted on Exhibit “D” at of Tenant’s sole cost intention to do so and expense (includingaffording Landlord reasonable opportunity to investigate, without limitationappear, intervene and otherwise assert and protect Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated interest in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseDemised Premises.

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 shall comply 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 Materials LawsMaterial in, except for on, under, upon or from the Premises or Property resulting from or in any items set forth on Exhibit “D”. If any Environmental Activities occur way related to Tenant’s use of the Premises or are suspected to have occurred Property in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Hazard Material Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgethat the Premises, there are Building, Land and Common Areas do not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of contain any Hazardous Materials Laws have occurred prior and the Premises, Building, Land and Common Areas are in substantial compliance with applicable Hazard Material Laws. Landlord shall release and indemnify, defend (with counsel reasonably acceptable to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinTenant), protect and hold harmless Tenant from and against any and all claims whatsoever arising or resulting, in no event shall Tenant be responsible for conditions whole or in part, directly or indirectly, from Landlord’s breach of this environmental representation and warranty, as well as any Hazardous Materials present at the Premises in existence Property prior to the Commencement Date, and, if required by law, . The obligations of Landlord hereby agrees to remedy any such actual and Tenant under this Section survive the expiration or suspected problem through the removal earlier termination of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use Lessor represents and warrants that the Property, as of the Premises shall comply with all Hazardous Materials Lawsdate of this Lease, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation is free of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits hazardous substances including asbestos-containing materials and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwiselead paint, and upon Landlord’s approval of that the remediation planProperty has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, remedy inquiry, or remediation. Lessor and Lessee agree that each will be responsible for compliance with any such problem to the satisfaction of Landlord and all applicable governmental authoritieslaws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in accordance effect, to the extent such apply to that party’s activity conducted in or on the Property. Lessor and Lessee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (''Claims”), to the extent arising from that party's breach of its obligations or representations under this section. Lessor agrees to hold harmless and indemnify Lessee from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Lessor for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with all Hazardous Materials Laws and good business practices. During hazardous substances prior to the effective date of this Agreement or from such contamination caused by the acts or omissions of Lessor during the Term. Lessee agrees to hold harmless and indemnify Lessor from, Tenant shall immediately advise Landlord in writing of: (a) and to assume all duties, responsibilities and liabilities at the sole cost and expense of Lessee for payment of penalties, sanctions, forfeitures, losses, costs damages, and for responding to any Environmental Activities in violation Claims, to the extent arising from hazardous substances brought onto the property by Lessee. Unless the result of a hazardous substance release for which Lessee is liable under AS 46.03.822, should Lessee becomes aware of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant hazardous substances on the Property, or any portion of environmental, health, or safety condition or matter relating to the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion Property that renders the condition of the Premises in violation of any Hazardous Materials Laws; (d) Tenantor the Property unsuitable for Lessee’s discovery of any occurrence use, or condition on if Lessee believes the leasing or in the vicinity of any portion continued leasing of the Premises that materially increase the risk that any portion would expose Lessee to undue risks of the Premises liability to a government agency or other third party, Lessee will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for in addition to any items noted on Exhibit “D” other rights it may have at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlordlaw or in equity, to join terminate this Lease upon written notice to Lessor. In the event of a material spill of fuel or other hazardous materials on the Premises, Lessee shall promptly notify Lessor and participate inact promptly to contain the spill, as a party if it so electsrepair any damage, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents absorb and warrants to Tenant that: (i) to Landlord’s knowledgeclean up the spill area, there are not pending claims or causes of action arising out or relating to the Facility or and restore the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior a condition reasonably satisfactory to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseLessor.

Hazardous Materials. Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s use of the Premises Parties shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred Laws and promptly notify Landlord in writing of the violation of any Hazardous Materials Laws by Tenant during the Term Environmental Law or if Tenant has received notice presence of any Hazardous Materials Claim against any portion of Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises as a result and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s acts or omissions during any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the Termcost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly obtain take any and all permits and approvals steps necessary to remedy any such actual or suspected problem through rectify the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Termupon completion of such work by Landlord, Tenant shall immediately advise pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in writing of: connection with (a) Tenant and/or any Environmental Activities in violation Tenant Party’s breach of any Hazardous Materials Laws; this Article 51 or (b) any Hazardous Materials Claims against Tenant or any portion the presence of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation or other property as a result (directly or indirectly) of any Hazardous Materials Laws; (d) Tenant’s discovery of and/or any occurrence Tenant Party’s activities, or condition on or failure to act, in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims connection with respect to any portion of the Premises, including copies thereof. Landlord This indemnity shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (includinginclude, without limitation, Landlord’s reasonable attorneys’ fees the cost of any required or necessary repair, cleanup or detoxification, and costs) the preparation and with counsel chosen implementation of any closure, monitoring 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 Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlordon, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s sole cost and expenseobligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.

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 consent to the presence of Hazardous Material on the Premises, Tenant must demonstrate to Landlord’s reasonable satisfaction that such Hazardous Material is necessary for Tenant’s use business and will be used, stored and disposed of the Premises shall comply in a manner that complies with all laws regulating such Hazardous Materials Laws, except for any items set forth on Exhibit “D”Material. If any Environmental Activities occur or are suspected Tenant breaches the obligations demonstrated to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all the preceding provision, or if the presence of Hazardous Materials Laws and good business practices. During Material on the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Premises caused or any portion of the Premises; (c) any remedial action taken permitted by Tenant results in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion contamination of the Premises, including or if contamination of the Premises by Hazardous Material otherwise occurs for which Tenant is responsible, then Tenant shall promptly forward to Landlord copies thereof. Landlord shall have of all orders, notices, communications and reports related to the rightrelease, discharge, spill, escape or emission which resulted in such contamination, and except for Tenant shall indemnify, defend and hold Landlord harmless from any items noted on Exhibit “D” at Tenant’s sole cost and expense all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, Landlord’s reasonable 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 costsexpert fees) and with counsel chosen by Landlord, to join and participate in, which arise during or after the Lease term as a party if it so electsresult of such contamination. This indemnification of Landlord by Tenant includes, any legal proceedings or actions initiated 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 Materials ClaimsMaterial present in the soil or ground water on or under the Premises. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeWithout limiting the foregoing, there are not pending claims or causes of action arising out or relating to if the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation presence of any Hazardous Materials Laws have occurred 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 Commencement Date which have not been remedied in fullintroduction of such Hazardous Material. Notwithstanding anything to The foregoing indemnity shall survive the contrary contained herein, in no event shall Tenant be responsible for conditions expiration or termination of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use of (a) Tenant (i) will not conduct any activity on the Premises shall comply with all that will use or produce any Hazardous Materials LawsMaterials, except for such activities that are both (1) part of the ordinary course of Tenants business activities and (2) conducted in accordance with all Environmental Laws; (ii) will not use the Premises in any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation manner for the storage of any Hazardous Materials Laws by Tenant during except for storage of such materials that are both (1) used in the Term or if Tenant has received notice ordinary course of Tenant’s business and (2) properly stored in a manner and location satisfying all Environmental Laws; (iii) will not install any underground tanks of any type; and (iv) will not permit any Hazardous Materials Claim against to be brought onto the Premises, except in the ordinary course of Tenant’s business and in compliance with all Environmental Laws. If any portion Hazardous Materials are brought or found on the Premises in violation of the above provisions of this Section, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Lease Term the Premises are found to be so contaminated or subject to such conditions as a result of Tenant’s acts or omissions during failure to comply with the Termforegoing provisions, Tenant shall promptly obtain defend and hold Landlord harmless from all permits claims, demands, actions, liabilities, costs, expenses, damages and approvals necessary to remedy obligations of any nature arising from or as a result of the use of the Premises by Tenant or its Invitees. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a material safety data sheet (an “MSDS”) was issued by the producers or manufacturers thereof, together with copies of the MSDS’s for such actual or suspected problem through the removal of Hazardous Materials or otherwisematerials, and shall deliver such list and MSDS copies to Landlord upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all request therefor. Except for Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord that existed in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; , Tenant shall remove all Hazardous Materials from the Premises in a manner acceptable to Landlord before the earlier of the date Tenant vacates the Premises and the date Tenant’s right to possess the Premises ends. Landlord may, upon reasonable notice to Tenant (ii) and in no case with less than 24 hours’ advance notice except for emergencies), enter the Premises and conduct environmental inspections and tests therein as it may reasonably require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant’s business. Such inspections and tests shall be conducted at Landlord’s knowledgeexpense, no Environmental Activities unless they reveal the presence of Hazardous Materials in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have above provisions of this Section or that Tenant has not been remedied in full. Notwithstanding anything to complied with the contrary contained hereinrequirements of this Section, in no event which case Tenant shall Tenant be responsible reimburse Landlord for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at cost thereof within ten (10) days after Landlord’s sole cost and expenserequest therefor.

Hazardous Materials. (a) Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Premises, the Building or the Property in violation of applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant’s use , each a “Tenant Party”). If (i) Tenant breaches such obligation, (ii) 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, (iii) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises extension or renewal hereof or holding over hereunder as a result of Tenant’s acts the actions of a Tenant Party, or omissions during (iv) contamination of the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal Property occurs as a result of Hazardous Materials that are placed on or otherwiseunder 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 demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and upon Landlord’s approval all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) (“Claims”) of any kind or nature, including (w) diminution in value of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant 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 Premises; Property, (cy) damages arising from any remedial action taken adverse impact on marketing of space in the Property or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in response to 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 Claims present in the air, soil or any Hazardous Materials groundwater above, on, under or about any portion the Property as a result of the Premises in violation actions of a Tenant Party. Without limiting the foregoing, if the presence of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence in, on, under or condition on or in about the vicinity of Property, any portion thereof or any adjacent property caused by any Tenant Party results in any contamination of the Premises that materially increase the risk that Property, any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority thereof or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premisesadjacent property, including copies thereof. Landlord then Tenant shall have the right, and except for any items noted on Exhibit “D” promptly take all actions at Tenant’s its sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, as are necessary to join and participate in, as a party if it so electsreturn the Property, any legal proceedings portion thereof or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants adjacent property to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred its respective condition existing prior to the Commencement Date which have not been remedied in full. Notwithstanding anything time of such contamination, as and to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if extent required by law, Landlord hereby agrees to remedy any an independent third party state-certified professional with appropriate expertise in such actual or suspected problem through the removal of Hazardous Materials at cleanup and who is reasonably acceptable to Landlord; provided that Landlord’s sole cost written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and expenseprovided, 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 5.4 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.

Hazardous Materials. Tenant’s Tenant agrees not to generate, store or use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws (as hereinafter defined) on or about the Premises, except such Hazardous Materials in such amounts (i) customarily used by Tenant during in connection with its Permitted Uses, (ii) customarily used in connection with providing janitorial services to the Premises, and (iii) in both cases, limited to Tenant’s proportionate share of Hazardous Materials (“Tenant’s Proportionate Share of Hazardous Materials”) as defined in Section 8.3 (d) below, and in compliance with the Massachusetts State Building Code (780 C.M.R.) and any applicable Legal Requirements. Tenant agrees to provide Landlord with access to copies of all Material Safety Data Sheets (“MSDS”) for Hazardous Materials used at the commencement of the Lease Term and to provide access to copies of MSDS upon the introduction of any new Hazardous Materials. Tenant also agrees not to release or if permit any Tenant has received notice of Responsible Parties (as hereinafter defined) to release any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of or that requires reporting under any Environmental Law, and not to dispose of Hazardous Materials Laws; (da) Tenant’s discovery of any occurrence or condition on or in the vicinity of Premises or (b) from the Property to any portion other location except a properly approved disposal facility and then only in compliance with any and all Environmental Laws regulating such activity, nor permit any occupant of the Premises that materially increase to do so. In accordance with Section 9 below, Tenant shall indemnify, defend, and hold harmless Landlord, and the risk that holder of any portion of mortgage on the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws larger parcel of land of which the Premises may be a part, from and against any claim, cost, expense, liability, loss, obligation or Hazardous Materials Claims with respect to any portion of the Premisesdamage, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlordattorney’s reasonable attorneys’ fees and costs) the cost of litigation, arising from or relating to the breach by Tenant or anyone claiming by, through or under Tenant of the provisions of this Section 8.3 (a), and with counsel chosen by Landlord, shall immediately discharge or cause to join and participate in, as be discharged any lien imposed upon the Premises or any larger parcel of land of which the Premises may be a party if it so elects, any legal proceedings or actions initiated part in connection with any such claim. For purposes of this Lease, “Hazardous Materials ClaimsMaterials” shall mean any substance regulated under any Environmental Law, including those substances defined in 42 U.S.C. Sec. Landlord represents 9601(14) or any related or applicable federal, state or local statute, law, regulation, or ordinance, pollutants of contaminants (as defined in 42 U.S.C. Sec. 9601(33), petroleum (including crude oil or any fraction thereof), any form of natural or synthetic gas, sludge (as defined in 42 U.S.C. Sec. 6903(26A), radioactive substances, hazardous waste (as defined in 42 U.S.C. Sec. 6903(27)) and warrants to Tenant that: (i) to Landlord’s knowledgeany other hazardous wastes, there are not pending claims hazardous substances, contaminants, pollutants or causes materials as defined, regulated or described in any of action arising out or the Environmental Laws. As used in this Lease, “Environmental Laws” means all federal, state and local laws relating to the Facility or the Premises as protection of the Commencement Date; environment or health and (ii) safety, and any rule or regulation promulgated thereunder and any order, standard, interim regulation, moratorium, policy or guideline of or pertaining to Landlord’s knowledgeany federal, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior state or local government, department or agency, including but not limited to the Commencement Date which have not been remedied in full. Notwithstanding anything to Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (“CERCLA”), the contrary contained hereinSuperfund Amendments and Reauthorization Act of 1986 (“XXXX”), in no event shall Tenant be responsible for conditions the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Federal Insecticide, Fungicide and Rodenticide Act, the Marine Protection, Research, and Sanctuaries Act, the National Environmental Policy Act, the Noise Control Act, the Safe Drinking Water Act, the Resource Conservation and Recovery Act (“RCRA”), as amended, the Hazardous Material Transportation Act, the Refuse Act, the Uranium Mill Tailings Radiation Control Act and the Atomic Energy Act and regulations of the Premises in existence prior to Nuclear Regulatory Agency, Massachusetts General Laws Chapters 21C and 21E and any other state and local counterparts or related statutes, laws, regulations, and order and treaties of the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseUnited States.

Hazardous Materials. Tenant’s use of the Premises , at its sole cost, shall comply with all Laws relating to Tenant’s storage, use and disposal of any hazardous, toxic or radioactive materials, including those materials identified in 22 California Code of Regulations Sections 66261.1 et seq., as they may be amended from time to time (collectively “Hazardous Materials Laws, except for any items set forth on Exhibit “DMaterials”). If any Environmental Activities occur Tenant does store, use or are suspected to have occurred in violation dispose of any Hazardous Materials Laws by Tenant during Materials, other than office and automotive supplies and cleaning supplies typically used for the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion permitted uses of the Premises, including copies thereofTenant shall notify Landlord in writing at least ten (10) days prior to their first appearance on the Premises, provided that no such notice shall be required with respect to the Hazardous Materials that Tenant is presently using in the Premises, it being understood that Tenant may continue using such Hazardous Materials in the Premises in compliance with this Paragraph 10.3. Tenant shall be solely responsible for and shall defend, indemnify and hold Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable Agents harmless from and against all claims, costs and liabilities, including attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings arising out of or actions initiated in connection with any storage, use or disposal of Hazardous Materials Claims. Landlord represents in, on or about the Premises by Tenant or Tenant’s Agents or invitees, including any claims, costs, and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action liabilities arising out of or relating in connection with the removal and/or remediation of any such Hazardous Materials in compliance with applicable Laws and any associated clean-up and restoration work required to the Facility or return the Premises as of and the Commencement Date; and (ii) Property to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred substantially their condition existing prior to the Commencement Date which have not been remedied in fullappearance of any such Hazardous Materials on the Premises and/or the Property as required by applicable Laws. Tenant’s obligations hereunder shall survive the termination of this Lease. Notwithstanding anything to the contrary contained hereinin this Lease, in under no event circumstance shall Tenant be liable or responsible for conditions any claims, demands, costs, or liabilities directly or indirectly arising out of or in connection with any Hazardous Materials present at any time on or about the Premises or the violation of any applicable Laws with respect to Hazardous Materials, except to the extent that any of the foregoing is caused by the storage, use or disposal of such Hazardous Materials in, on, under or about the Premises by Tenant or any of Tenant’s Agents or invitees. To Landlord’s current actual knowledge, there currently are no Hazardous Materials present on or about the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal violation of Hazardous Materials at Landlord’s sole cost and expenseapplicable Laws.

Hazardous Materials. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including, without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant shall not cause or permit any Hazardous Material to be generated, produced, brought upon, used, stored, treated, released or disposed of in or about the Property by Tenant, its agents, employees, contractors, sublessees or invitees without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may, without Landlord’s prior consent, but in compliance with all applicable laws, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of Tenant’s business permitted on the Property, so long as such use does not expose the Property or neighboring properties to any contamination or damage or expose Landlord to any liability therefore, and provided Tenant uses and disposes of said materials in accordance with law. Landlord shall be entitled to take into account such other factors or facts as Landlord may reasonably determine to be relevant in determining whether to grant or withhold consent to Tenant’s proposed activity with respect to Hazardous Material. In no event, however, shall Landlord be required to consent to the installation or use of any storage tanks on the Premises Property. Tenant has provided Landlord with a copy of the Phase 1 environmental study of the Property prepared for Tenant and made an attachment hereto, as Rider 7. Upon Substantial Completion of the Property, Landlord shall comply cause a supplemental Phase I study to be prepared showing there is no change to the Phase I environmental study prepared for Tenant . Tenant shall immediately notify Landlord upon release of any Hazardous Material on, in or under the property by Tenant and shall commence a diligent clean-up of any such release in accordance with any local, state or Federal regulations if caused by Tenant. Tenant shall indemnify Landlord against the effect of any release of any Hazardous Material caused by Tenant. Tenant shall not be responsible for and Landlord shall indemnify, protect, defend and hold Tenant, its agents, employees, lenders and ground lessor harmless from and against any and all loss of rents and/or damages, liabilities, judgments, costs, claims, liens, expenses, penalties, permits and attorney’s and consultant’s fees arising out of or involving any Hazardous Material or storage tank at the Property, or at any adjacent property (if owned by Landlord or under Landlord’s control), not brought thereon by or for Tenant or under Tenant’s control. A copy of the Phase I environmental report prepared for Landlord is attached hereto as Rider 7, and made a part hereof by reference. Landlord hereby represents to the best of Landlord’s actual knowledge, without a duty to investigate, and except as may be disclosed in the Phase I environmental report set forth above, and warrants that as of the date of the Lease, there are no Hazardous Materials Lawsupon the Land, except for any items set forth on Exhibit “D”. If any Environmental Activities occur Building or are suspected to have occurred Property in violation of any Hazardous Materials Laws applicable law. Landlord agrees to indemnify and hold Tenant, its successors and assigns, harmless from and against any loss, cost or expense incurred by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal presence of Hazardous Materials upon the Land, Building or otherwiseProject, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity event of any portion a breach by Landlord of the Premises that materially increase representation and warranty in the risk that any portion preceding sentence. The representation and warranty and indemnification obligation set forth in this Section 5.03 shall survive the expiration or termination of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use The Borrower and each of the Premises shall comply with Restricted Subsidiaries have obtained all Hazardous Materials permits, licenses and other authorizations which are required under all Environmental Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to the extent failure to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual permit, license or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem authorization would not reasonably be expected to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: have a Materially Adverse Effect on (a) any Environmental Activities in violation of any Hazardous Materials Laws; the Borrower and the Restricted Subsidiaries taken as a whole or (b) any Hazardous Materials Claims against Tenant or any portion Material Loan Document. The Borrower and each of the Premises; Restricted Subsidiaries are in compliance with the terms and conditions of all such permits, licenses and authorizations, and are also in compliance with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in any applicable Environmental Law or in any regulation, code, plan, order, decree, judgment, injunction, notice or demand letter issued, entered, promulgated or approved thereunder, except to the extent failure to comply would not have a Materially Adverse Effect on (ci) the Borrower and the Restricted Subsidiaries taken as a whole or (ii) any remedial action taken by Tenant in response Material Loan Document. In addition, to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion the knowledge of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence Borrower, no notice, notification, demand, request for information, citation, summons or condition on order has been issued, no complaint has been filed, no penalty has been assessed and no investigation or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to review is pending or from Tenant, threatened by any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims entity with respect to any portion alleged failure by the Borrower or any of the PremisesRestricted Subsidiaries to have any permit, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings license or actions initiated authorization required in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as conduct of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions business of the Premises Borrower or any of the Restricted Subsidiaries or with respect to any generation, treatment, storage, recycling, transportation, discharge, disposal or "release" (as such term is defined in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal 42 U.S.C. ss. 9601(22)) of Hazardous Materials at Landlord’s sole cost generated by the Borrower or any of the Restricted Subsidiaries, the consequences of any of which would have a Materially Adverse Effect on (x) the Borrower and expensethe Restricted Subsidiaries taken as a whole or (y) any Material Loan Document.

Hazardous Materials. 40.1 Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept or used in or about the Premises, the Buildings or the Project in violation of Applicable Laws by Tenant’s use , 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 Premises shall comply with all Premises, the Buildings, the Project or any adjacent property, or if contamination of the Premises, the Buildings, the Project or any adjacent property by Hazardous Materials Lawsotherwise occurs during the term of this Lease or any extension or renewal hereof or holding over hereunder due to such breach by Tenant, except for then Tenant shall indemnify, save, defend and hold Landlord, its agents and contractors harmless from and against any items set forth and all Claims (including sums paid in settlement, attorneys’ fees, consultants’ fees and experts’ fees, all pursuant to Section 21.1 and Section 21.7) 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 Exhibit “D”or under the Premises. If any Environmental Activities occur or are suspected to have occurred in violation Without limiting the foregoing, if the presence of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in Premises, the vicinity of any portion of Buildings, the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority Project or any other Person relating to Hazardous Materials Laws adjacent property caused or Hazardous Materials Claims with respect to permitted by Tenant results in any portion contamination of the Premises, including copies thereof. Landlord the Buildings, the Project or any adjacent property, then Tenant shall have the right, and except for any items noted on Exhibit “D” promptly take all actions at Tenant’s its sole cost and expense (includingas are necessary to return the Premises, without limitationthe Buildings, Landlord’s reasonable attorneys’ fees the Project and costs) and with counsel chosen by Landlord, any adjacent property to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred their respective condition existing prior to the Commencement Date 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, the Buildings or the Project. Landlord acknowledges that Tenant shall not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for environmental conditions of or contamination now or hereafter existing on, under or in the Project, in the Connector Building, in the Expansion Premises or in the Premises caused by Landlord or tenants other than Tenant or by third parties in existence the Project prior to the Commencement DateExecution Date or after such date, andor for environmental conditions or contamination coming from off-site so long as Tenant, if required by lawTenant’s Affiliates, its permitted sublessees or its agents did not cause or contribute to such environmental conditions or contamination. If any such conditions or contamination first arise after the Execution Date (other than as a result of Landlord’s actions or those of its contractors, employees, or other tenants), Landlord hereby agrees to remedy any may treat as Operating Expenses the costs of correcting or remediating such actual conditions or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensecontamination.

Hazardous Materials. Tenant’s use of Tenant shall keep and maintain the Premises in compliance with and shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur not cause or are suspected permit the Premises to have occurred be in violation of any Hazardous Materials Laws by state, or local laws, ordinances, or regulations relating to industrial hygiene or to the environmental conditions on, under, or about the property, including, but not limited to, soil and groundwater conditions. Tenant during the Term shall not use, generate, manufacture, store, or if Tenant has received notice dispose of any Hazardous Materials Claim against any portion of on, under, or about the Premises or transport to or from the Premises any flammable explosives, radioactive materials, hazardous wastes, toxic substances, or related materials, including, without limitation, any substances defined as a result or included in the definition of Tenant’s acts “hazardous substances”, “hazardous wastes”, “hazardous materials”, or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary “toxic substances” under any applicable federal or state laws or regulations (collectively referred to remedy any such actual or suspected problem through the removal of hereinafter as “Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practicesMaterials”). During the Term, Tenant shall immediately advise Landlord in writing of: of (ai) any Environmental Activities in violation and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or MJ Havana, LLC - Lightshade Labs, LLC 2014 Commercial Lease Page 9 of 32 threatened pursuant to any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant applicable federal, state, or any portion of the Premises; (c) any remedial action taken by Tenant in response local laws, ordinances, or regulations relating to any Hazardous Materials Claims affecting the Premises (“Hazardous Materials Laws”); (ii) all claims made or threatened by any third party against Tenant or the Premises relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on, under or about any portion of (the Premises matters set forth in violation of any clauses (i) and (ii) above are hereinafter referred to as “Hazardous Materials LawsClaims”); and (diii) Tenant’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises or any portion part thereof to be subject to any restrictions on the ownership, occupancy, transferability, or use of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with under any Hazardous Materials ClaimsLaws. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in In no event shall Tenant be responsible for conditions Hazardous Materials Claims created by the Landlord or by a prior tenant of Landlord. Tenant shall be solely responsible for and shall indemnify and hold harmless Landlord, its directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, expense, or liability directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, disposal, or presence of Hazardous Materials on, under, or about the Premises, including without limitation (a) all consequential damages; (b) the costs of any required or necessary repair, cleanup, or detoxification of the Premises and the preparation and implementation of any closure, remedial, or other required plans, and (c) all reasonable costs and expenses incurred by Landlord in existence prior connection with clauses (a) and (b), including, but not limited to, reasonable attorney’s fees. These provisions shall only apply to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost caused the Tenant or its employees, agents or contractors, and expense.for no other reason whatsoever. SECTION 8 COMPLIANCE WITH LAW, LIENS, INDEMNITY

Hazardous Materials. Tenant’s 's use of the Premises (i) shall comply with all Hazardous Materials Laws, except for (ii) shall not result in any items set forth on Exhibit “D”Hazardous Materials Claims and (iii) shall not involve any Environmental Activities. If (x) any Environmental Activities occur occur, (y) if Landlord or are suspected to have occurred Tenant receive any notice of any Hazardous Materials Claims, or (z) if Tenant's use of any portion of the Premises results in any violation of any Hazardous Materials Laws by Tenant during the Term Law, or if Tenant Landlord has received notice of a reasonable belief that any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termforegoing has occurred, then Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s 's approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in Activities, (b) any violation of any Hazardous Materials Laws; (bc) any Hazardous Materials Claims against Tenant or any portion of the Premises; (cd) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (de) Tenant’s 's discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises is or will be exposed to Hazardous Materials; and (ef) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on, under or about any portion of the Premises, or any violation of any Hazardous Materials Law or any Hazardous Materials Claim occurs, the Term shall be automatically extended and this Master Lease shall remain in full force and effect until the earlier to occur of the completion of all remedial action or monitoring, as approved by Landlord, in accordance with all Hazardous Materials Laws, or the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s 's sole cost and expense (including, without limitation, Landlord’s 's reasonable attorneys’ ' fees and costs) and with counsel chosen by Landlord, to join join, participate in and participate indirect, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense-14- 9.

Hazardous Materials. Tenant’s use of Tenant shall not cause or knowingly permit the Premises shall comply with all Hazardous Materials Lawsstorage, except for any items set forth on Exhibit use, generation, release, handling or disposal (collectively, “DHandling”. If any Environmental Activities occur or are suspected to have occurred in violation ) of any Hazardous Materials Laws (as defined below), in, on, or about the Premises or the Real Property by Tenant during the Term or if any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of (collectively with Tenant’s acts or omissions during the Term, “Tenant Parties”), except that Tenant shall promptly obtain be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities (“Common Office Chemicals”), provided that the Handling of such Common Office Chemicals shall comply at all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance times with all Legal Requirements, including Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in fulldefined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened in writing by any third party against Tenant, Landlord, the Premises or the Real Property relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord’s prior written consent, Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for conditions and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of the Premises or in existence prior connection with, or otherwise relating to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy (i) any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.Handling of

Hazardous Materials. The following provision shall be added to Section 10 of the Lease: “Landlord hereby represents and warrants, to Landlord’s actual knowledge, that the Building and the Property does not contain Hazardous Materials at levels that require remediation under applicable Environmental Laws. If it is discovered that the Premises contain Hazardous Materials in levels in violation of applicable Environmental Laws, the presence of which predates the Lease and was not caused by Tenant or any of Tenant’s use Parties, Landlord, at its sole expense, shall take all action required by applicable governmental authority, including removal of the Hazardous Materials from the Premises shall if and to the extent required by applicable governmental authority, to comply with all Hazardous Materials the covenants herein or applicable Environmental Laws. Further, except notwithstanding any provision in the Lease to the contrary, Tenant shall not be responsible for, shall have no liability or obligations with respect to, and shall not be obligated to pay for or take any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected action with respect to have occurred in violation (i) the existence of any Hazardous Materials Laws on the Premises which occurred or existed prior to the Delivery Date (of the Lease unless caused or permitted by Tenant during Tenant, any entity that controls, is controlled by or is under common control with Tenant, or to any entity resulting from a merger or consolidation with Tenant, or to any person or entity which acquires all the Term assets of Tenant’s business as a going concern (each, an “Affiliate”), or if Tenant has received notice any of Tenant’s Parties, (ii) the existence of any Hazardous Materials Claim against any portion Material on the Premises which occurred or existed after the date of the Premises as a result Lease unless caused or permitted by Tenant, any Affiliate or any of Tenant’s acts or omissions during Parties, (iii) the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal release of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under onto or about any portion of from the Premises unless caused or permitted by Tenant, any Affiliate, or any of Tenant’s Parties, whether released prior to or on or after the Commencement Date (as defined in the Lease), or (iv) any violation of any Hazardous Materials Environmental Laws; (d) Tenant’s discovery of any occurrence , unless and to the extent that such was caused or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from permitted by Tenant, any governmental authority Affiliate, or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseParties.”

Hazardous Materials. Tenant’s use of the Premises Prohibited. Tenant shall make all reasonable efforts to 15 comply with all statutes, laws, ordinances, rules, regulations which are enacted and apply to the 16 Leased Premises by any federal, state, local, or other governmental agency with respect to the use, 17 generation, storage, or disposal of Hazardous Materials Laws, except Materials. Other than for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred use in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of connection with 18 Tenant’s acts or omissions during the Termbusiness operations, Tenant shall promptly obtain not cause, or allow anyone else to cause, any Hazardous 19 Materials to be used, generated, stored, or disposed of on or about the Leased Premises without the 20 prior written consent of Landlord, which consent may be revoked at any time. Tenant’s 21 indemnification of Landlord pursuant to this Lease extends to all permits liability, including all foreseeable 22 and approvals necessary to remedy any such actual unforeseeable consequential damages, directly or suspected problem through indirectly arising out of the removal use, generation, 23 storage, or disposal of Hazardous Materials or otherwiseat the Leased Premises by Tenant, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, person 24 claiming under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees the cost of any required or necessary repair, 25 cleanup, or detoxification and costs) and with counsel chosen by Landlordthe preparation of any closure or other required plans, whether such 26 action is required or necessary prior to or following the termination of this Lease, to join and participate inthe full extent 27 that such action is attributable, as a party if it so electsdirectly or indirectly, any legal proceedings to the use, generation, storage, or actions initiated in connection with any disposal of 28 Hazardous Materials Claims. by Tenant or any person claiming under Tenant; provided, however, the written 29 consent by Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility use, generation, storage, or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal disposal of Hazardous Materials at Landlordshall excuse 30 Tenant from Tenant’s obligation of indemnification. In the event Tenant is in breach of the 31 covenants herein, after notice to Tenant and the expiration of the earlier of: 32 (a) the cure period provided in Section 14.1(b); 33 (b) the cure period permitted under applicable law, regulation, or order, 34 then Landlord may, in its sole discretion, declare a default under this Lease and/or cause the Leased 35 Premises to be freed from the Hazardous Material and the cost thereof shall be deemed additional 1 rent hereunder and expenseshall immediately be due and payable from Tenant. The obligations of Tenant 2 under this Section shall survive the expiration or termination of this Lease.

Hazardous Materials. Tenant’s use of During the Premises Lease Term, Tenant shall comply with all Hazardous Materials Environmental Laws (as defined in Section 5.2.6(b) below) applicable to the operation or use of the Premises, will cause all other persons occupying or using the Premises to comply with all such Environmental Laws, except for any items set forth on Exhibit “D”and will immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual not generate, use, treat, store, handle, release or suspected problem through dispose of, or permit the removal generation, use, treatment, storage, handling, release or disposal of Hazardous Materials (as defined in Section 5.2.6(a) hereof) on the Premises or otherwise, and upon Landlord’s approval the Project or transport or permit the transportation of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws to or from the Premises or the Project except for limited quantities of household cleaning products and good business practices. During office supplies used or stored at the Term, Tenant shall immediately advise Landlord Premises and required in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion connection with the routine operation and maintenance of the Premises; (c) , and in compliance with all applicable Environmental Laws. At any remedial action taken by time and from time to time during the Lease Term, provided that there exists a reasonable basis for Landlord to believe that Tenant in response to any is using or storing Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of at the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence this Lease or condition on or otherwise in the vicinity context of a proposed sale or refinancing of the Building or the Real Property or any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials may perform, at Landlord’s sole cost and expense, upon at least five (5) business days’ notice to Tenant, an environmental site assessment report concerning the Premises, prepared by an environmental consulting firm chosen by Landlord, indicating the presence or absence of Hazardous Materials caused or permitted by Tenant and the potential cost of any compliance, removal or remedial action in connection with any such Hazardous Materials on the Premises. Tenant shall grant and hereby grants to Landlord and its agents access to the Premises and specifically grants Landlord an irrevocable non-exclusive license to undertake such an assessment. If such assessment report indicates the presence of Hazardous Materials caused or permitted by Tenant which is in violation of this Lease, then the cost of such assessment shall be due and payable by Tenant within thirty (30) days of receipt of an invoice therefor.

Hazardous Materials. As used in this Lease, "Hazardous Materials" shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic substances," or other similar designations in any Regulation. Tenant’s use of the Premises shall comply with all 's Hazardous Materials LawsDeclaration is attached hereto as Exhibit D. Tenant shall not cause, except for or allow any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected of Tenant's parties to have occurred in violation of cause, any Hazardous Materials Laws by Tenant during the Term to be handled, used, generated, stored, released or if Tenant has received notice disposed of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises Premises, the Building or the Project or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord's written consent prior to the introduction of any Hazardous Materials Lawsonto the Project. 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 Premises; (d) Tenant’s discovery provided that Tenant shall always handle, store, use and dispose of any occurrence such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, or condition on Project or surrounding land or environment. Tenant shall immediately notify Landlord in the vicinity writing of any Hazardous Materials, contamination of any portion of the Premises Project of which Tenant becomes aware, whether or not caused by Tenant. If, but only if, Landlord has a reasonable basis to believe that materially increase the risk that Tenant has introduced any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of onto the Premises, including copies thereof. then Landlord shall have the rightright 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 reasonable and except for actual cost of all such inspections, tests and investigations to be borne by Tenant. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and hold Landlord harmless from and against any items noted on Exhibit “D” at and all claims, liabilities, losses, costs, loss of rents, liens, damages, injuries or expenses (including attorneys' and consultants' fees and court costs), demands, causes of action, or judgments directly or indirectly arising out of or related to the use, generation, storage, release, or disposal of Hazardous Materials by Tenant or any of Tenant’s sole cost and expense (including's parties in, on, under or about the Premises, the Building or the Project or surrounding land or environment, which indemnity shall include, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlorddamages for personal or bodily injury, to join and participate inproperty damage, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating damage to the Facility environment or natural resources occurring on or off the Premises as of Premises, losses attributable to diminution in value or adverse effects on marketability, the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation cost of any Hazardous Materials Laws have occurred investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closures or other required plans, whether such action is required or necessary prior to or following the Commencement Date which have not been remedied in fullexpiration or earlier termination of this Lease. Notwithstanding anything Neither the consent by Landlord to the contrary contained hereinuse, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Dategeneration, andstorage, if required by law, Landlord hereby agrees to remedy any such actual release or suspected problem through the removal disposal of Hazardous Materials at Landlord’s sole cost and expensenor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of indemnification pursuant in this Paragraph 4.D. Tenant's obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease. 5.

Hazardous Materials. Tenant’s Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked, disposed of or otherwise released on or under the Premises. Tenant may use on the Premises only those Hazardous Substances typically used and only in such quantities as required for the prudent and safe operation of the Premises business permitted by the Permitted Use and in full compliance with law. Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling and storage of Hazardous Materials LawsSubstances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, except for handled or stored on the Premises. As used herein, “Environmental Law” shall mean any items set forth on Exhibit federal, state or local statute, regulation or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment, and “D”. If Hazardous Substance” shall mean any hazardous, toxic, infectious or radioactive substance, waste and material as defined or listed by any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermLaw and shall include, Tenant shall promptly obtain all permits without limitation, petroleum oil and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practicesits fractions. During the Term, Tenant shall immediately advise notify Landlord in writing ofupon becoming aware of the following: (a) any Environmental Activities in violation spill, leak, disposal or other release of any a Hazardous Materials LawsSubstance on, under or adjacent to the Premises; (b) any Hazardous Materials Claims against Tenant notice or communication from a governmental agency or any portion of other person relating to any Hazardous Substance on, under or adjacent to the Premises; or (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Environmental Law with respect to the Premises or Tenant’s discovery of any occurrence or condition 's activities on or in connection with the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; Premises. Tenant shall indemnify, defend and (e) all communications to hold harmless Landlord, its contractors, agents, employees, principals, affiliates or from Tenantinvitees, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of persons holding a security interest in the Premises, and the respective successors and assigns of each of them (together, the “Landlord Parties”) from and against any and all claims, demands, liabilities, damages, fines, losses, costs (including copies thereof. Landlord shall have without limitation the rightcost of any investigation, remedial, removal or other response action required by Environmental Law) and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense expenses (including, including without limitation, Landlord’s reasonable limitation attorneys’ ' fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated expert fees in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (itrial, appeal, petition for review or administrative proceeding) to Landlord’s knowledge, there are not pending claims or causes of action arising out of or in any way relating to the Facility use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on the Premises as during the Lease Term, except to the extent caused by Landlord Parties. Tenant's obligations under this Section shall survive the expiration or termination of the Commencement Date; this Lease for any reason. Landlord's rights under this Section are in addition to and (ii) to Landlord’s knowledge, no Environmental Activities not in violation lieu of any Hazardous Materials Laws have occurred prior other rights or remedies to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant Landlord may be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual entitled under this Lease or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseotherwise.

Hazardous Materials. Hazardous Materials" shall mean and include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic substances," or other similar designations in any Regulation. Tenant shall not cause, or allow any of Tenant’s use of the Premises shall comply with all 's Parties to cause, any Hazardous Materials Lawsto be used, except for any items set forth generated, stored or disposed of on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred about the Premises, the Building or surrounding land or environment in violation of any Hazardous Materials Laws by Regulations. Tenant during shall obtain written consent from the Term or if Tenant has received notice City of Sunnyvale prior to the introduction of any Hazardous Materials Claim against any portion of into the Premises as a result of Tenant’s acts or omissions during Building and comply on an ongoing basis with all governmental requirements relating thereto. Notwithstanding the Termforegoing, Tenant shall promptly obtain all permits may handle, store, use and approvals necessary to remedy any such actual or suspected problem through the removal dispose of products containing small quantities of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any for "general office purposes" (such problem as toner for copiers) to the satisfaction of Landlord extent customary and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During necessary for the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Permitted Use of the Premises; (c) provided that Tenant shall always handle, store, use, and dispose of any remedial action taken by Tenant in response to any such Hazardous Materials Claims or any in a safe and lawful manner and never allow such Hazardous Materials on, under or about any portion of to contaminate the Premises in violation or the Building, or surrounding land or environment. Tenant shall immediately notify Landlord of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity Materials' contamination of any portion of the Premises that materially increase the risk that any portion Building of the Premises will be exposed to Hazardous Materials; and (e) all communications to which Tenant becomes aware, whether or from not caused by Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightright 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 except for investigations to be borne by Tenant. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against all liabilities, losses, costs and expenses (including attorneys' and consultants' fees), demands, causes of action, claims or judgments directly or indirectly arising out of the use, generation, storage, release, or disposal of Hazardous Materials by Tenant or any items noted of Tenant's Parties in, on Exhibit “D” at Tenant’s sole cost and expense (includingor about the Premises or the Building or surrounding land or environment, which indemnity shall include, without limitation, Landlord’s reasonable attorneys’ fees damages for personal or bodily injury, property damage, damage to 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 costs) disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent by Landlord to the use, generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with counsel chosen all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of indemnification pursuant to this Paragraph 4.4. Tenant's obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord shall be responsible for costs arising from pre-existing environmental conditions on the Premises upon demand by Landlord, Tenant shall provide to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i1) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal an itemization of Hazardous Materials at Landlord’s sole cost 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 expense(3) evidence of compliance with all laws relating to Hazardous Materials.

Hazardous Materials. Throughout the Term, Tenant will prevent the presence, use, generation, release, discharge, storage, disposal, or transportation of any Hazardous Materials (as herein defined) on, under, in, above, to, or from the Demised Property or its agents, employees, or contractors except that Hazardous Materials may be used on or transported across the Demised Property as necessary in connection with the Permitted Use and for the customary maintenance or customary use of the Demised Property, provided that same are transported, used, stored, and disposed of in strict compliance with any Applicable Laws pertaining thereto, including all Applicable Laws relating to the protection of the environment, public health and safety, air emissions, water discharges, hazardous or toxic substances, solid or hazardous wastes or occupational health and safety, and common law pertaining to the foregoing (collectively, the ”Environmental Laws”). For purposes of this provision, the term “Hazardous Materials” will mean and refer to any unlawful levels of wastes, materials, or other substances of any kind or character that are or become regulated as hazardous or toxic waste or substances, or which require special handling or treatment, under any Environmental Laws. Subject to Section 18.04, if Tenant’s activities at or around the Demised Property or Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred Demised Property (i) results in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal release of Hazardous Materials by Tenant or otherwiseits agents, employees, or contractors that is not in compliance with Environmental Laws or permits issued thereunder; (ii) gives rise to any claim or requires a response under Environmental Laws or permits issued thereunder; or (iii) causes the presence at the Demised Property of Hazardous Materials in levels that violate Environmental Laws or permits issued thereunder, then Tenant shall, at its sole cost and upon expense: (x) immediately provide verbal notice thereof to Landlord as well as notice to Landlord in the manner required by this Lease, which notice shall identify the Hazardous Materials involved and the emergency procedures taken or to be taken; and (y) promptly take all action in response to such situation required by Applicable Laws, provided that Tenant shall first obtain Landlord’s approval of the non-emergency remediation planplan to be undertaken (which approval shall not be unreasonably withheld, conditioned, or delayed). If Tenant fails to take action as required by this Section, Landlord may (without any obligation to do so and without limiting any other right or remedy available hereunder), on 10 days’ prior notice (except that no notice shall be required in case of emergency), enter the Demised Property and perform such action on behalf of Tenant and, in such case, Tenant shall reimburse Landlord immediately upon demand for all costs and expenses incurred in taking such action, plus an administrative fee equal to 5% of such costs or expenses. Tenant shall at all times indemnify and hold harmless Landlord against and from any such problem and all claims, suits, actions, debts, damages, costs, losses, obligations, judgments, charges and expenses (including reasonable attorneys’ fees) of any nature whatsoever suffered or incurred by Landlord to the satisfaction of Landlord extent they were caused by or through Tenant or its employees, officers, agents, licensees, invitees, assignees, successors, subtenants, contractors, or Amended and Restated Hialeah Lease 1.9.2011 subcontractors, or others using the Demised Property with Tenant’s expressed or implied permission, including, but not limited to (i) any and all applicable consent orders with governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (aii) any Environmental Activities in violation release, threatened release, or disposal of any Hazardous Materials Laws; at or around the Demised Property and/or (bii) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery Environmental Laws at or around the Demised Property by or through Tenant or its employees, officers, agents, licensees, invitees, assignees, subtenants, contractors, or subcontractors. The foregoing obligations of any occurrence Tenant shall survive the expiration or condition on or in the vicinity earlier termination of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use Prior to execution of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termthis Lease, Tenant shall promptly obtain all permits and approvals necessary acknowledges that Landlord has delivered to remedy any such actual or suspected problem through the removal Tenant a copy of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem a Phase I environmental report relating to the satisfaction of Landlord Building and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) , as of the date hereof, to Landlord’s knowledgeknowledge (without investigation) (a) except as described in such report no other hazardous materials are present at the Building in violation of law, (b) there are not pending no claims or causes of action arising out or by any third parties relating to the Facility or presence of hazardous materials in the property of which the Premises as are a part. Landlord covenants that it will not itself introduce hazardous materials in the Building other than customary amounts used in connection with the operation, repair and maintenance of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Building in violation compliance with applicable environmental laws. In the event of any Hazardous Materials Laws have occurred prior to release of hazardous materials on, under, or about the Commencement Date which have not been remedied Premises or common areas of the Building that requires remediation under applicable environmental laws, or in full. Notwithstanding anything to the contrary contained hereinevent that any hazardous materials are discovered on, under, or about the Premises or common areas of the Building that requires remediation under applicable environmental laws, in no event shall Tenant be responsible for conditions either case, that materially and adversely affects Tenant’s use and occupancy of the Premises in existence prior and to the Commencement Dateextent that such release is not caused by Tenant, andits agents, if officers, employees, contractors or affiliates, or anyone claiming by, through or under them, Landlord shall, without charge to Tenant (other than Minor Substances, as described in Section 4.7), remediate or cause to be remediated such release as required by lawapplicable environmental laws, to the extent the cost of such remediation is reimbursed by the environmental insurance currently maintained by Landlord, which insurance Landlord agrees to maintain for so long as the same is available at commercially reasonable rates. Landlord hereby agrees to remedy indemnify and defend, with counsel reasonably acceptable to Tenant (including attorneys’ fees of counsel of Tenant’s choice against which Landlord makes no reasonable objection), Tenant and Tenant’s officers, agents, and employees any such actual or suspected problem through liability, claims, and costs, including without limitation, reasonable attorneys’ fees, arising from any breach by Landlord of its obligations under this paragraph. This hold harmless and indemnity shall survive the removal expiration of Hazardous Materials at Landlord’s sole cost and expensethe Term.

Hazardous Materials. Tenant’s use Notwithstanding anything herein to the contrary or in Paragraph IV G of the Lease, Landlord hereby acknowledges that Tenant is Generating certain Hazardous Substances in the Leased Premises, as permitted under the Lease. Landlord acknowledges that it is not the intent of the Lease to prohibit Tenant from using the Leased Premises shall comply with for the uses permitted in Paragraph IV A of the Lease. Tenant may operate its business according to prudent industry practices so long as the use or presence of Hazardous Substances is strictly and properly monitored according to all then applicable environmental laws. Further, the list of Hazardous Materials Laws, except for any items set forth Substances on Exhibit “D”J to the Lease shall be deemed to be modified from time to time to reflect any substances (and quantities of such substances) which Tenant is permitted or licensed to use under all then applicable environmental laws. If any Environmental Activities occur or are suspected Upon request by Landlord not more than one time each Lease Year, Tenant agrees to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion deliver to Landlord true and correct copies of the Premises as a result of Tenant’s acts following documents (“Haz Mat Documents”) relating to the use, storage, handling, treatment, generation, release or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal disposal of Hazardous Materials or otherwiseat the Leased Premises: permits; approvals; reports and correspondence; storage and management plans; and notice of violations of any legal requirements. Tenant is not required, and upon Landlord’s approval however, to provide Landlord with any portion(s) of the remediation plan, remedy any such problem to the satisfaction Haz Mat Documents containing information of Landlord and all applicable governmental authoritiesa proprietary nature which, in accordance with all Hazardous Materials Laws and good business practices. During the Termof themselves, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response do not contain a reference to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion hazardous activities. It is not the intent of the Premises in violation of any Hazardous Materials Laws; (d) this Section to provide Landlord with information which could be detrimental to Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at business should such information become possessed by Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensecompetitors.

Hazardous Materials. Tenant’s use The term "Hazardous Materials" means any substance, material, or waste which is now or hereafter classified or considered to be hazardous, toxic, or dangerous under any Law relating to pollution or the protection or regulation of human health, natural resources or the environment, or poses or threatens to pose a hazard to the health or safety of persons on the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”or in the Project. If any Environmental Activities occur or are suspected Subject to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermSection 9(c), Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual not use, generate, store, or suspected problem through dispose of, or permit the removal use, generation, storage or disposal of Hazardous Materials on or otherwiseabout the Premises or the Project except in a manner and quantity necessary for the ordinary performance of Tenant's business, and upon Landlord’s approval then in compliance with all Laws. If Tenant breaches its obligations under this Section 25(w), Landlord may immediately take any and all action reasonably appropriate to remedy the same, including taking all appropriate action to clean up or remediate any contamination resulting from Tenant's use, generation, storage or disposal of Hazardous Materials. Tenant shall not undertake, nor shall Tenant permit any Tenant Party to undertake, any invasive investigation, drilling or sampling of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant soil or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of groundwater at the Premises, including copies thereof. Landlord shall have the rightBuilding, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, the Project or the Complex without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by the prior written consent of Landlord, to join and participate inwhich consent shall be in Landlord's sole discretion. TENANT SHALL DEFEND, as a party if it so electsINDEMNIFY, any legal proceedings or actions initiated in connection with any Hazardous Materials ClaimsAND HOLD HARMLESS LANDLORD AND ITS REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COST OF CLEANUP AND REMEDIATION) ARISING FROM TENANT'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION 25(W). Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTHIS INDEMNITY PROVISION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS LEASE.

Hazardous Materials. Tenant’s use of Tenant shall not cause or permit the Premises shall comply with all Hazardous Materials Lawsstorage, except for any items set forth on Exhibit use, generation, release, handling or disposal (collectively, “DHandling”. If any Environmental Activities occur or are suspected to have occurred in violation ) of any Hazardous Materials Laws (as defined below), in, on, or about the Premises or the Project by Tenant during the Term or if any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of (collectively with Tenant’s acts or omissions during the Term, “Tenant Parties”), except that Tenant shall promptly obtain be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities (“Common Office Chemicals”), provided that the Handling of such Common Office Chemicals shall comply at all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance times with all Legal Requirements, including Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in fulldefined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Project to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws, Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, Landlord, the Premises or the Project relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord’s prior written consent, Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for conditions and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant’s breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Premises in existence Project or any other property of whatever nature located on the Project to their condition existing prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Handling of Hazardous Materials in, on or about the Premises by any Tenant Party. Tenant’s obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, “Hazardous Materials” means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation asbestos containing materials, PCB’s, CFC’s, or substances defined as “hazardous substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Legal Requirement regulating, relating to, or imposing liability or standards of conduct concerning any such materials or substances now or at Landlord’s sole cost and expenseany time hereafter in effect (collectively, “Hazardous Materials Laws”).

Hazardous Materials. Tenant’s use As of the Premises Effective Date, Paragraph 57 of the Original Lease is hereby modified and amended (x) so as to clarify that the restrictions, obligations and liabilities of Tenant pursuant to said Paragraph 57 shall comply with all Hazardous Materials Lawsbe deemed to apply to both (a) the introduction by any person or entity (other than Landlord, except for any items set forth on Exhibit “D”. If any Environmental Activities occur its agents or are suspected to have occurred in violation contractors) of any Hazardous Materials Laws by Tenant in or on the Demised Premises during the Term of the Lease and (b) the introduction by Tenant or if Tenant has received notice any of Tenant’s Related Parties of any Hazardous Materials Claim against in, on or under any other portion of the Premises as a result of Tenant’s acts Building or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary Real Property; (y) to remedy any such actual or suspected problem through add the removal of Hazardous Materials or otherwise, and upon Landlord’s approval following paragraph to Paragraph 57 of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing ofOriginal Lease: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinin Paragraph 57 of this lease, in no event Tenant shall Tenant not be responsible for conditions of any Hazardous Materials which (i) were present in or at the Premises in existence Demised Premises, Building and/or Real Property prior to the Commencement Datedate on which Tenant first takes occupancy of the Demised Premises (“Pre-Existing Hazardous Materials”) or (ii) are introduced upon the Demised Premises, andBuilding and/or Real Property by persons other than Tenant or Tenant’s Related Parties (“Third-Party Hazardous Materials”). In the event Pre-Existing Hazardous Materials or Third-Party Hazardous Materials are present in the Demised Premises, if required by lawBuilding and/or Real Property and same materially and adversely affect Tenant’s use of the Demised Premises, Landlord hereby agrees covenants to remedy any address such actual legal violation in the manner required by applicable law. Notwithstanding the foregoing, if the subject legal violation has been caused by the act or suspected problem through the removal omission of Hazardous Materials at Landlord’s sole cost and expensea third party, then Landlord may seek to cause such third party to address such legal violation.”

Hazardous Materials. Tenant’s use of Tenant shall not cause or permit the Premises shall comply with all Hazardous Materials Lawsstorage, except for any items set forth on Exhibit use, generation, release, handling or disposal (collectively, “DHandling”. If any Environmental Activities occur or are suspected to have occurred in violation ) of any Hazardous Materials Laws (as defined below), in, on, or about the Premises or the Project by Tenant during the Term or if any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of (collectively with Tenant’s acts or omissions during the Term, “Tenant Parties”), except that Tenant shall promptly obtain be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities (“Common Office Chemicals”), provided that the Handling of such Common Office Chemicals shall comply at all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance times with all Legal Requirements, including Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in fulldefined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Project to be contaminated by any Hazardous Materials or in violation of any Flazardous Materials Laws. Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, Landlord, the Premises or the Project relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord’s prior written consent, Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for conditions and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant’s breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Premises in existence Project or any other property of whatever nature located on the Project to their condition existing prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Flandling of Hazardous Materials in, on or about the Premises by any Tenant Party. Tenant’s obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, “Hazardous Materials” means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation asbestos containing materials, PCB’s, CFC’s, or substances defined as “hazardous substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Flazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Legal Requirement regulating, relating to, or imposing liability or standards of conduct concerning any such materials or substances now or at Landlord’s sole cost and expenseany time hereafter in effect (collectively, “Hazardous Materials Laws”).

Hazardous Materials. TenantSublessee’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Sublessee during the Term or if Tenant Sublessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of TenantSublessee’s acts or omissions during the Term, Tenant Sublessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordSublessor’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord Sublessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Sublessee shall immediately promptly advise Landlord Sublessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Sublessee or any portion of the Premises; (c) any remedial action taken by Tenant Sublessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) TenantSublessee’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantSublessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Sublessor shall have the right, and except for any items noted on Exhibit “D” at TenantSublessee’s sole cost and expense (including, without limitation, LandlordSublessor’s reasonable attorneys’ fees and costs) and with counsel chosen by LandlordSublessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with HNZW/493109_4.doc/3583-95 (Greenfield) Exhibit 99.4 any Hazardous Materials Claims. Landlord Sublessor represents and warrants to Tenant that: (i) Sublessee that to LandlordSublessor’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Tenant’s Sublessee's use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Sublessee during the Term or if Tenant Sublessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s Sublessee's acts or omissions during the Term, Tenant Sublessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s Sublessor's approval of the remediation plan, remedy any such problem to the satisfaction of Landlord Sublessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Sublessee shall immediately promptly advise Landlord Sublessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Sublessee or any portion of the Premises; (c) any remedial action taken by Tenant Sublessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s Sublessee's discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantSublessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Sublessor shall have the right, and except for any items noted on Exhibit “D” at Tenant’s Sublessee's sole cost and expense (including, without limitation, Landlord’s Sublessor's reasonable attorneys’ ' fees and costs) and with counsel chosen by LandlordSublessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord Sublessor represents and warrants to Tenant that: (i) Sublessee that to Landlord’s Sublessor's knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.Term. HZNW/493788_2.doc/3583-1

Hazardous Materials. Tenant’s use of Keep and maintain, and cause its Subsidiaries to keep and maintain, all real Property in which the Premises shall comply Borrower or a Subsidiary has any ownership or leasehold interest (“Real Property”) in compliance with all Hazardous Materials Laws, ; except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction extent any non-compliance would not reasonably be expected to constitute or cause a Material Adverse Change; and not permit any of Landlord and all applicable governmental authoritiesits Subsidiaries to, in accordance with all Hazardous Materials Laws and good business practices. During the Termuse, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation generate, manufacture, store or dispose of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion 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 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 Premises Real Property in violation connection with their respective business operations or for general maintenance of any such Real Property and used and disposed of in material compliance with Hazardous Materials Laws; provided, that, the Borrower shall indemnify, defend and hold harmless the Indemnitees from and against (d) Tenant’s discovery of any occurrence or condition on or in which indemnity shall survive the vicinity of any portion repayment of the Premises that materially increase Obligations)any loss, damage, cost, expense or liability arising out of or attributable to the risk that any portion use, generation, storage, Release, threatened Release, discharge, transportation, disposal, or presence of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws (including asbestos) on, under or Hazardous Materials Claims with respect to about the any portion of the PremisesReal Property, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgethe costs of any remediation of any Real Property required under Hazardous Materials Laws, there are not pending claims including the preparation and implementation of any closure, remedial or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; other required plans and (ii) to Landlord’s knowledgeall reasonable costs and expenses incurred by the Indemnitees in connection with clause (i), no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseincluding all reasonable attorney costs.

Hazardous Materials. Tenant’s use As of the Premises shall comply with all Hazardous Materials LawsClosing Date, except for Schedule 3.16 ------------------- ------------- discloses any items set forth on Exhibit “D”. If contamination of any Environmental Activities occur or are suspected Subject Property known to have occurred in violation of Borrower resulting from any Hazardous Materials Laws by Tenant during the Term and any existing or if Tenant has received notice potential environmental liabilities of any Hazardous Materials Claim against any portion Borrower and each of its Subsidiaries known to Borrower that could result in Environmental Liabilities and Costs, and, in each case, that could reasonably be expected to have a Material Adverse Effect. As of the Premises as a result Closing Date, neither Borrower nor any of Tenant’s acts or omissions during the Termits Subsidiaries has caused or, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction knowledge of Landlord and all applicable governmental authoritiesBorrower, in accordance with all Hazardous Materials Laws and good business practices. During suffered, or will cause, permit, or, to the Termknowledge of Borrower, Tenant shall immediately advise Landlord in writing of: (a) suffer to occur, any Environmental Activities in violation Release at, under, above, or within any Subject Property, or the presence, use, generation, manufacture, installation, or storage of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under under, in, or about any portion of Subject Property, or the Premises in violation transportation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenantany Subject Property, in each case that could reasonably be expected to have a Material Adverse Effect, except to the extent such use, generation, manufacture, installation, storage, or transportation is conducted in compliance with all Environmental Laws and Environmental Permits. Borrower shall: (a) comply and shall cause each of its Subsidiaries to comply with all applicable Environmental Laws and Environmental Permits; (b) notify Bank in writing within seven days if and when it becomes aware of any governmental authority incident or ongoing case of non-compliance with Environmental Laws or any other Person relating past or present Release upon any Subject Property; (c) promptly forward to Hazardous Materials Laws Bank a copy of any written document or Hazardous Materials Claims with respect to communication received by it or any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated its Subsidiaries in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims such Release or causes of action arising out or any other matter relating to the Facility Environmental Laws that may affect Borrower or the Premises as any of the Commencement Dateits Subsidiaries; and (iid) to Landlord’s knowledge, no Environmental Activities promptly notify Bank in violation writing of any Hazardous Materials Laws Environmental Liabilities and Costs that could reasonably be expected to have occurred prior a Material Adverse Effect. Borrower is not and will not become, nor will it permit any of its Subsidiaries to become, involved in operations that could lead to the Commencement Date which imposition of Environmental Liabilities or Costs other than Environmental Liabilities or Costs that could not reasonably be expected to have not been remedied a Material Adverse Effect, and no sub-tenant of such Person is permitted, or will be permitted, to engage in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseactivity.

Hazardous Materials. Tenant’s use of the Premises Neither Permittee nor its agents, employees, contractors, Permittee's, sub- permittees, assignees, concessionaires or invitees shall comply with all Hazardous Materials Lawsuse, except for any items set forth on Exhibit “D”. If any Environmental Activities occur handle, store or are suspected to have occurred in violation dispose of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about the Permit Area. If Permittee breaches the foregoing restriction, Permittee shall be solely responsible for and shall indemnify, defend and hold Port and City, their officers, employees and agents, harmless from and against any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenantclaims, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premisesjudgments, including copies thereof. Landlord shall have the rightdamages, penalties, fines, costs, liabilities and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense losses (including, without limitation, Landlord’s reasonable diminution in valuation of the Permit Area, and sums paid in settlement of claims and for attorneys’ ' fees, consultant fees and costsexpert fees) and with counsel chosen by Landlord, to join and participate in, which arise during or after the term of this Permit as a party if it so electsresult of any contamination directly or indirectly arising from the activities which are the basis for such breach. This indemnification of Port and City by Permittee includes, any legal proceedings or actions initiated without limitation, costs incurred in connection with any Hazardous Materials Claimsinvestigation or site conditions or any clean-up, remedial, removal or restoration work. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgePermittee shall promptly take all actions, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s its sole cost and expense, as are necessary to return the Permit Area to the condition existing prior to the introduction of any such Hazardous Material, provided Port's approval of such actions shall first be obtained and Permittee shall fully cooperate in connection with any such clean-up, restoration or other work, at Permittee's sole costs and expense. Furthermore, Permittee shall immediately notify Port of any inquiry, test, investigation or enforcement proceeding by or against Permittee or the Permit Area concerning the presence of any Hazardous Material. Permittee acknowledges that Port, at Port's election, shall have the sole right, at Permittee's expense, to negotiate, defend, approve and appeal any 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 Paragraph 12 shall survive termination of this Permit.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) not, nor shall Tenant allow any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant person to, manufacture, use, store, handle, transport, dispose of, spill, leak, dump, emit or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or release any Hazardous Materials on, under under, about or about any portion of from the Premises or the Property, except that Tenant may use office supplies or products (such as copier fluids or cleaning supplies) customarily used in violation the conduct of general business office activities, if, and only if, (1) such Hazardous Materials are used only in such quantities as are reasonably necessary for the operation of Tenant’s business and in strict compliance with all applicable Environmental Laws, and (2) Tenant immediately gives Landlord written notice of all such use of Hazardous Materials, specifically describing the manner in which such Hazardous Materials are used, handled and stored, the availability of any non-hazardous or less hazardous alternatives, the type and quantity of hazardous waste generated as a result of such use, handling and storage and the method and location where such wastes are disposed of and discharged, (b) at its sole cost and expense comply (and be responsible for the compliance of all its employees, agents and contractors, or any other persons occupying, present on, or removing any Hazardous Materials from the Premises) with all applicable Environmental Laws; , and (dc) Tenantupon Xxxxxx’s discovery receipt of all reports, citations, notices and other writings regarding any occurrence Hazardous Materials on, under, about or condition on migrating from the Premises or in the vicinity Property (or if written by Xxxxxx, upon its writing) immediately notify and provide a copy of same to Landlord. With respect to all Hazardous Materials released, spilled, leaked, dumped and emitted on, under, about or migrating from the Premises or the Property (if introduced by any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantTenant Related Parties), any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the PremisesTenant shall, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense expense, immediately: (includingi) notify Landlord of same, (ii) remove such Hazardous Materials from the Premises, the Property and all other property on, under or about which the Hazardous Materials have migrated (or Landlord may elect to cause such removal and Tenant shall reimburse Landlord the cost thereof as Additional Rent), (iii) dispose of such Hazardous Materials in compliance with all applicable Environmental Laws (or Landlord may elect to cause such removal and Tenant shall reimburse Landlord the cost thereof as Additional Rent), and (iv) remediate and repair all damages arising from such release, spill, leak, dumping and emission (or Landlord may elect to cause such removal and Tenant shall reimburse Landlord the cost thereof as Additional Rent). Such remediation and repair shall include, without limitation, LandlordTenant’s reasonable attorneys’ fees and costsmodification of the HVAC system to (y) and with counsel chosen by Landlord, to join and participate inmeet the requirements of The Clean Air Act, as a party if it so electsamended (including all regulations promulgated thereunder), and all state and local air laws and regulations, and (z) reduce any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents odors and warrants to Tenant that: (i) airborne irritants to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensesatisfaction.

Hazardous Materials. Except for ordinary and general office supplies typically used in the ordinary course of business within offices (some or all of which may constitute Hazardous Materials as defined in this Section 9.6) and which supplies shall be used by Tenant for their prescribed uses in accordance with customary office use, Tenant shall not cause or permit the escape, disposal or release of any biologically or chemically active or other substances or materials which are classified or deemed hazardous by any agency or are defined as hazardous under any local, state, or federal environmental statue or regulation, or as defined in CERCLA (42 U.S.C. subsections 9601(23) and (24))(“Hazardous Materials”). Tenant shall not allow the storage or use of such Hazardous Materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such Hazardous Materials, nor allow to be brought into the Building or onto the Property any such Hazardous Materials, except to use in the ordinary course of Tenant’s use of the Premises shall comply with all Hazardous Materials Lawsbusiness, and then, except for any items set forth on Exhibit “D”ordinary office supplies. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermIn addition, Tenant shall promptly obtain all permits execute such certificates or similar documents from time-to-time at Landlord’s lender’s request or at a prospective buyer’s request concerning Tenant’s best knowledge and approvals necessary to remedy any such actual or suspected problem through belief regarding the removal presence of Hazardous Materials or otherwise, and upon Landlord’s approval of on the remediation plan, remedy any such problem to the satisfaction of Landlord and Premises. In all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Termevents, Tenant shall immediately advise indemnify Landlord in writing of: the manner elsewhere provided in this Lease from any release of Hazardous Materials in the Premises or on the Property (aincluding, but not limited to, all costs of dealing with all governmental agencies with jurisdiction, testing, reporting, monitoring, remediation, clean-up or disposal for such Hazardous Materials) if caused by Tenant or persons acting under Tenant. This Section 9.6 shall survive the expiration or earlier termination of the Lease. Landlord shall indemnify Tenant in the manner elsewhere provided in this Lease from any Environmental Activities in violation liability which Tenant may incur as the result of any release of Hazardous Materials Laws; in the Building or on the Property or Lot (bincluding, but not limited to, all costs of, dealing with and responding to all government agencies with jurisdiction, testing, reporting, monitoring, remediation, clean-up or disposal for such Hazardous Materials) caused by Landlord or persons acting under Landlord, but excluding any tenant or person acting under a tenant. Landlord hereby represents and warrants that as of the date hereof, to the best of Landlord’s knowledge, i.e. that of the partners constituting Landlord, there are no Hazardous Materials Claims against Tenant on or any portion of about the Premises; (c) any remedial action taken , Building or Lot which are above the levels permitted by the California Environmental Protection Agency and other agencies with jurisdiction, and applicable laws. If Tenant in response knows, or has reasonable cause to any believe, that a Hazardous Materials Claims or any Hazardous Materials Substance has come to be located in, on, under or about any portion of the Premises in violation Premises, Building or Lot, other than as previously consented to by Landlord, Tenant shall promptly give Landlord written notice thereof, together with a copy of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence statement, report, notice, registration, application, permit, license, claim, action or condition on proceeding given to, or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenantreceived from, any governmental authority or any other Person relating to private party concerning the presence, spill release, discharge of, or exposure to, such Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseMaterial.

Hazardous Materials. Tenant’s use Tenant shall not violate any law or regulation of any federal, state or local governmental authority having jurisdiction over Hazardous Material. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant shall have the duty and obligation to cure any environmental contamination in connection with the Building caused by Tenant and first occurring on or after the date Tenant takes possession of the Leased Premises, and Xxxxxx agrees to indemnify and hold harmless Landlord from and against all claims and damages of whatsoever nature, asserted against Landlord, or the Leased Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur relating to or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during any sub-lessee’s use and occupancy of the TermProperty, Tenant shall promptly obtain including but not limited to all permits clean-up and approvals necessary to remedy any such actual remediation costs, claims of personal injury or suspected problem through the removal of Hazardous Materials or otherwiseproperty damage, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord court costs and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees incurred in any mediation, arbitration trial or appellate proceeding pertaining thereto. Tenant shall have no obligation to remediate any preexisting Hazardous Substances on the Leased Premises and costs) Landlord agrees to indemnify and with counsel chosen hold harmless Tenant from the same to the extent permitted by Landlordlaw. Landlord shall be responsible for any violation of any environmental laws, to join and participate inrules or regulations, as a party if it so elects, or the presence of any legal proceedings or actions initiated Hazardous Substances in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Leased Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred first occurring prior to the Commencement Date which have not been remedied date Tenant takes possession of the Leased Premises, shall pay for the remediation thereof as set forth in full. Notwithstanding anything the Development Agreement and shall, to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required extent permitted by applicable law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseindemnify Tenant with respect thereto.

Hazardous Materials. Tenant’s use of the Premises Borrower shall comply with any and all Laws, regulations or orders with respect to the discharge and removal of Hazardous Materials, shall pay promptly when due the costs of removal of any such Hazardous Materials, and shall keep the Project free of any lien imposed pursuant to Environmental Laws, regulations or orders. In the event Borrower fails to do so, after notice to Borrower and the expiration of the earlier of: (i) applicable cure periods hereunder; or (ii) the cure period permitted under applicable Law, regulation or order, Lender may declare an Event of Default and/or cause the remediation of the Hazardous Materials in order to comply with any applicable Environmental Laws, except for any items set forth on Exhibit “D”with the cost of the remediation added to the indebtedness evidenced by the Note and secured by the Mortgage (regardless of whether such indebtedness then increases the outstanding balance of the Note to an amount in excess of the face amount thereof). If any Environmental Activities occur Borrower further agrees that Borrower shall not release or are suspected to have occurred in violation dispose of any Hazardous Materials Laws by Tenant during at the Term or if Tenant has received notice Project without the express prior approval of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits Lender and approvals necessary to remedy any such actual release or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and disposal will be in compliance with all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Termregulations and conditions, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken if any, established by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onLender, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlordthose set forth in the Mortgage. Lender shall have the right at any time to conduct an environmental audit of the Project for reasonable cause based on Lender’s belief that a Release (as defined in the Environmental Indemnity Agreement) has occurred which affects the Project, at Borrower’s sole cost and expense, and Borrower shall cooperate in the conduct of such environmental audit. Borrower shall give Lender and its agents and its employees access to the Project to inspect and test the Project and to remove Hazardous Materials. Borrower hereby indemnifies Lender and agrees to defend Lender and hold Lender harmless from and against all claims, injuries, losses, costs, damages, liabilities and expenses (including reasonable attorneys’ fees and costsconsequential damages) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, reason of any legal proceedings or actions initiated claim in connection with any Hazardous Materials Claims. Landlord represents and warrants which were present at the Project during or prior to Tenant that: (i) to LandlordBorrower’s knowledgeownership of the Project, there are not pending claims or causes of action arising out or relating except to the Facility extent due to with the gross negligence or willful misconduct of Lender or its agents. The foregoing indemnification shall be included within the Premises as indemnity agreement referred to in Section 3.2(e) hereof and shall survive repayment of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseNote.

Hazardous Materials. Tenant shall not, without the prior written consent of Landlord, use, store, transport or dispose of any Hazardous Material in or about the Premises, except for Hazardous Materials of a type and in amounts used in accordance·with Law. Tenant shall provide Landlord with written notice specifying in reasonable detail all Hazardous Materials to be stored or used at the Premises. Tenant’s use of the Premises , at its sole cost, shall comply with all laws relating to its use of Hazardous Materials. If Hazardous Materials Lawsstored, except for used, disposed of, emitted, or released on or about the Building by Tenant or its agents, employees or contractors result in Contamination of the Premises, Building or the water or soil thereunder, then Tenant shall promptly provide Landlord with written notice thereof and take any items set forth and all action necessary to remediate such contamination as required by Law. Tenant shall indemnify, defend, protect and hold Landlord and its officers, directors, employees, successors and assigns harmless from and against, all losses, damages, claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of Tenant's use, discharge, disposal, storage, transport, release or emission of Hazardous Materials on Exhibit “D”or about the Premises and Building during the Term. If "Hazardous Materials" shall mean any substance, pollutant, contaminant, material and waste that is classified in any applicable Environmental Activities occur Law as "hazardous", "toxic", "dangerous", a "pollutant", a "contaminant" or are suspected words of similar meaning, including asbestos, asbestos-containing materials, polychlorinated biphenyls, petroleum or petroleum products, radioactive materials, radon gas and any known carcinogenic materials. "Environmental Law" shall mean any and all Laws and Judgments relating to have occurred in violation either the condition of the environment or the storage, use, emission, disposal or release of Hazardous Materials. "Contamination" shall mean the emission, discharge or release of any Hazardous Materials Laws by Tenant during to, on, onto or into the Term environment. "Judgment" shall mean any judgment, injunction, order or if Tenant has received notice decree of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseGovernmental Entity.

Hazardous Materials. TenantNo hazardous or toxic materials may be brought onto SVTC premises without SVTC’s prior written consent; provided, however, that notwithstanding the foregoing, Tenant is permitted to use and store the following materials on the Premises during the Term: silicon wafers, tin-lead solder, probe station coolant (as of signing of the Lease, Flourinert FC-77 brand) and antifreeze, and electronics grade isopropyl alcohol (IPA). Notwithstanding anything to the contrary herein, normal quantities and use of those Hazardous Materials customarily used in a general office use, may be used and stored at the Premises and the Storage Space without Landlord’s prior written consent. All materials to be used in the SVTC cleanroom, whether or not toxic or otherwise hazardous, must be pre-approved by Landlord. Tenant at its sole cost, shall comply with all laws relating to its use of Hazardous Materials. If Hazardous Materials Lawsstored, except for used, disposed of, emitted, or released on or about the Building by Tenant or its agents, employees or contractors result in contamination of the Building or the water or soil, then Tenant shall promptly take any items set forth and all action necessary to clean up such contamination to the extent required by applicable law. Tenant shall indemnify, defend, protect and hold Landlord and its officers, directors, employees, successors and assigns harmless from and against, all reasonable losses, damages, claims, costs and liabilities, including reasonable attorneys' fees and costs (collectively, “Claims”), to the extent arising out of Tenant's use, discharge, disposal, storage, transport, release or emission of Hazardous Materials on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred about the Building during the Term by Tenant in violation of applicable law. "Hazardous Materials" shall mean any Hazardous Materials Laws material or substance that is now or hereafter designated by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authoritiesauthority to be, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) or regulated by any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any applicable governmental authority as, radioactive, toxic, hazardous or any other Person relating otherwise a danger to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premiseshealth, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility reproduction or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in fullenvironment. Notwithstanding anything to the contrary contained hereinin this Lease, Tenant shall have no obligation to remediate, clean up, xxxxx, or to comply with any law regarding, or to reimburse, release, indemnify, or defend Landlord with respect to any Hazardous Materials which Tenant did not store, dispose of, or transport, use, or cause to be on the Premises. If any Hazardous Materials are present in no event shall Tenant be responsible for conditions of the Premises in existence prior or the Storage Space and such presence was not caused by Tenant, Landlord shall protect, indemnify, defend, and hold Tenant harmless from and against any and all Claims arising therefrom. Landlord supports the reclamation and recycling of discarded wafers and scrap silicon and agrees that, to the Commencement Dateextent any wafers or scrap silicon is discarded by Tenant in Landlord's silicon disposal designated area/location, and, if required such wafers and silicon will be destroyed and disposed or reclaimed/recycled by lawLandlord (at no additional charge to Tenant). For the avoidance of doubt, Landlord hereby agrees shall not, and shall not permit any third party to, access, read, or reverse engineer any information included on any portion of such wafers or silicon discarded by Tenant, and shall use commercially reasonable efforts to remedy any such actual or suspected problem through prevent the removal of Hazardous Materials at Landlord’s sole cost and expensesame.

Hazardous Materials. Tenant’s use of the Premises 29.1 Tenant shall comply with any and all Hazardous Materials Lawslaws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur regulations, or are suspected orders with respect to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits discharge and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise(as hereinafter defined), and upon Landlord’s approval shall pay immediately when due the costs of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation removal of any Hazardous Materials Laws; (b) Material, and shall keep the Premises free of any Hazardous Materials Claims against lien imposed pursuant to such laws, regulations, or orders. In the event Tenant or any portion fails to do so, after notice to Tenant and the expiration of the Premises; earlier of (ci) any remedial action taken by Tenant in response applicable cure periods hereunder, or (ii) the cure period permitted under applicable law, regulation, or order, Landlord may either declare such failure a default or cause the Premises to any be freed from the Hazardous Materials Claims or any Hazardous Materials on, under or about any portion Material with cost of the Premises removal, together with interest thereon at the rate specified in violation Section 4.1, payable to Landlord upon demand. Tenant further agrees not to release or dispose of any Hazardous Materials Laws; (d) Tenant’s discovery Material at the Premises unless such release or discharge is in compliance with all applicable laws and regulations. In addition, Tenant agrees not to allow the manufacture, storage, transmission or presence of any occurrence Hazardous Material over or condition on or in the vicinity of any portion of upon the Premises that materially increase which is not in compliance with all applicable laws. Subject to the risk that any portion provisions of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantSection 15.1 hereof, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightright to conduct an environmental audit of the Premises and Tenant shall cooperate in the conduct of such environmental audit. Tenant shall give Landlord and its agents and its employees access to the Premises to remove Hazardous Materials which are not in compliance with all applicable laws and Tenant agrees to defend, indemnify and except for any items noted on Exhibit “D” at Tenant’s sole cost hold Landlord, free and harmless from and against all loss, costs, damage and expense (including, without limitation, Landlord’s including reasonable attorneys’ fees and costs) and with counsel chosen Landlord may sustain by reason of the assertion against Landlord, to join and participate in, as a by any party if it so elects, of any legal proceedings or actions initiated claim in connection with any Hazardous Materials ClaimsMaterial placed on the Premises by Tenant. Landlord represents agrees to defend, indemnify and warrants to hold Tenant, free and harmless from and against all loss, costs, damage and expense (including reasonable attorneys’ fees and costs) Tenant that: may sustain by reason of the assertion against Tenant, by any party of any claim in connection with any Hazardous Material arising from (i) to Landlord’s knowledgeany act or omission of Landlord occurring prior to, there are not pending claims during or causes of action arising out or relating to after the Facility or the Premises as of the Commencement Date; and Term, (ii) to Landlord’s knowledge, no Environmental Activities in violation any presence of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of on the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy and (iii) any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost and expenseMaterial on the Premises not due to the acts or omissions of Tenant, its employees, agents or invitees. The foregoing indemnities shall survive the expiration or earlier termination of the Term.

Hazardous Materials. TenantContamination. Borrower agrees to, (a) give notice to Lender immediately upon Borrower’s use acquiring knowledge of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation presence of any Hazardous Materials (other than those stored in compliance with applicable Laws and are in Borrower’s possession in the ordinary course of business) on any property owned or controlled by Tenant during the Term Borrower or if Tenant has received notice for which Borrower is responsible or of any Hazardous Materials Claim against Contamination with a full description thereof for which remedial or corrective action is required; (b) promptly take action to comply with any portion Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide Lender with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the Premises part of any Governmental Authority; (c) provide Lender, within 30 days after a demand by Lender, with a bond, letter of credit or similar financial assurance evidencing to Lender’s reasonable satisfaction that the necessary funds are available to pay the cost of removing, treating and disposing of Hazardous Materials described in item (b) or Hazardous Materials Contamination and discharging any Lien which may be established as a result thereof on any property owned or controlled by Borrower or for which Borrower is responsible; and (d) defend, indemnify and hold harmless Lender and its employees, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation presence of any Hazardous Materials Laws; (b) on any property owned or controlled by Borrower for which Borrower is responsible for any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseContamination.

Hazardous Materials. As used in this Lease, "Hazardous Materials" shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic substances," or other similar designations in any Regulation. Tenant shall not cause, or allow any of Tenant’s use of the Premises shall comply with all Hazardous Materials Laws's Parties to cause, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term to be handled, used, generated, stored, released or if Tenant has received notice disposed of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises Premises, the Building or the Project or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord's written consent prior to the introduction of any Hazardous Materials Lawsonto the Project. 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 Premises; (d) Tenant’s discovery provided that Tenant shall always handle, store, use, and dispose of any occurrence such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, or condition on Project or surrounding land or environment. Tenant shall immediately notify Landlord in the vicinity writing of any Hazardous Materials' contamination of any portion of the Premises that materially increase the risk that any portion Project of the Premises will be exposed to Hazardous Materials; and (e) all communications to which Tenant becomes aware, whether or from not caused by Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightright at all reasonable times to inspect the Premises and to conduct such reasonable tests and investigations to determine whether Tenant is in compliance with the foregoing provisions, the costs of all such inspections, tests and except for investigations to be borne by Tenant. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and hold Landlord harmless from and against any items noted on Exhibit “D” at and all claims, liabilities, losses, costs, loss of rents, liens, damages, injuries or expenses (including reasonable attorneys' and consultants' fees and court costs), demands, causes of action, or judgments directly or indirectly arising out of or related to the use, generation, storage, release, or disposal of Hazardous Materials by Tenant or any of Tenant’s sole cost and expense (including's Parties in, on, under or about the Premises, the Building or the Project or surrounding land or environment, which indemnity shall include, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlorddamages for personal or bodily injury, to join and participate inproperty damage, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating damage to the Facility environment or natural resources occurring on or off the Premises as of Premises, losses attributable to diminution in value or adverse effects on marketability, the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation cost of any Hazardous Materials Laws have occurred investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the Commencement Date which have not been remedied in fullexpiration or earlier termination of this Lease. Notwithstanding anything Neither the consent by Landlord to the contrary contained hereinuse, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Dategeneration, andstorage, if required by law, Landlord hereby agrees to remedy any such actual release or suspected problem through the removal disposal of Hazardous Materials at Landlord’s sole cost and expensenor 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. Tenant's obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials LawsTenant covenants and agrees that, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion hazardous, toxic or special wastes, materials or substances including asbestos, waste oil and petroleum (the “Hazardous Materials”) which Tenant, Tenant’s agents or employees may use, handle, store or generate in the conduct of Tenant’s business at the Leased Premises, Tenant will: (i) comply with all applicable laws, ordinances, and regulations which relate to the treatment, storage, transportation and handling of the PremisesHazardous Materials; (ii) that Tenant will in no event permit or cause any disposal of Hazardous Materials in, including on or about the Leased Premises and in particular will not deposit any Hazardous Materials in, on or about the floor or in any drainage system or in the trash containers which are customarily used for the disposal of solid waste; (iii) that Tenant will with advance notice and at all reasonable times permit Landlord or its agents or employees to enter the Leased Premises to inspect the same for compliance with the terms of this paragraph and will further provide upon five (5) days’ notice from Landlord copies thereof. Landlord shall have the rightof all records which Tenant may be obligated by Federal, State and/or local law to obtain and except for any items noted on Exhibit “D” keep; (iv) that upon termination of this Lease, Tenant will, at Tenant’s sole cost expense, remove all Hazardous Materials which came to exist on, in or under the Leased Premises during the term of this Lease or any extensions thereof, from the Leased Premises and expense comply with applicable local, State and Federal laws as the same may be amended from time to time; and (includingv) Tenant further agrees to deliver the Leased Premises to Landlord at the termination of this Lease free of all Hazardous Materials which came to exist on, in or under the Leased Premises during the term of this Lease or any extensions thereof. In the event the Tenant fails to do so, Tenant shall be responsible to promptly pay for the attorney fees and costs to have the Tenant remove and properly dispose of all hazardous waste in the Leased Premises. The terms used in this paragraph shall include, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen all substances, materials, etc. designated by Landlordsuch terms under any laws, to join and participate inordinances or regulations, as a party if it so electswhether Federal, any legal proceedings State or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenselocal.

Hazardous Materials. Tenant’s use a. Lessee shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises by Lessee, its agents, employees, contractors or invitees, without the specific prior written consent of Lessor (which Lessor may withhold in its sole discretion). If Lessee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Lessee results in contamination of the Premises shall comply with all Hazardous Materials LawsLeased Premises, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion contamination of the Leased Premises as a result of Tenant’s acts or omissions during the Termby Hazardous Material otherwise occurs for which Lessee is legally liable to Lessor for damage resulting therefrom, Tenant then Lessee shall promptly obtain all permits indemnify, defend and approvals necessary to remedy hold Lessor harmless from any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authoritiesclaims, in accordance with all Hazardous Materials Laws and good business practices. During the Termjudgments, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant damages, penalties, fines, costs, liabilities or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense losses (including, without limitation, Landlord’s diminution in value of the Leased Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased Premises, damages, arising from any adverse impact on marketing of space, and sums paid in settlement of claims, reasonable attorneys’ attorney fees, consultant fees and costsexpert fees) and with counsel chosen by Landlord, to join and participate in, which arise during or after the Ground Lease Term as a party if it so electsresult of such contamination. This indemnification of Lessor by Lessee includes, any legal proceedings or actions initiated 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 Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims Material present in the soil or causes of action arising out ground water on or relating to under the Facility or the Leased Premises due solely as a result of the Commencement Date; and (ii) to Landlord’s knowledgeactions or omissions of the Lessee. Without limiting the foregoing, no Environmental Activities in violation if the presence of any Hazardous Materials Laws have occurred Material on the Leased Premises caused or permitted by Lessee results in any contamination of the Leased Premises, Lessee shall promptly take all actions at its sole expense as are necessary to return the Leased Premises to the condition existing prior to the Commencement Date which have not been remedied in full. Notwithstanding anything introduction of any such Hazardous Material to the contrary contained hereinLeased Premises; provided that Lessor’s approval of such actions shall first be obtained, in no event which approval shall Tenant not be responsible for conditions of unreasonably withheld so long as such actions would not potentially have any material adverse effect on the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseLeased Premises.

Hazardous Materials. Tenant shall not (either with or without negligence) cause or permit the escape, disposal, release or threat of release of any biologically or chemically active or other Hazardous Materials (as said term is hereafter defined) on, in, upon or under the Property or the Premises. Tenant shall not allow the generation, storage, use or disposal of such Hazardous Materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the generation, storage, use and disposal of such Hazardous Materials, nor allow to be brought into the Property any such Hazardous Materials except for use in the ordinary course of Tenant’s use 's business, and then only after written notice is given to Landlord of the identity of such Hazardous Materials. 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 but only if a release of Hazardous Materials is found to have occurred at the Premises, the Building or the Property during Tenant's occupancy as the result of the acts or omissions of Tenant or its agents, employees, contractors or invitees. 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 Materials on the Premises. The Tenant shall, at its own expense, remove, clean up, remedy and dispose of (in compliance with all applicable laws, rules and regulations) all Hazardous Materials generated or released by the Tenant or its officers, directors, employees, contractors, servants, invitees, agents or any other person acting under Tenant during the term of this Lease (or during such term as the Tenant is in occupancy or possession of any part of the Premises, the Building or the Property) at or from the Premises, the Building or the Property in compliance with all Environmental Laws (as said term is hereafter defined) and further, shall remove, clean up, remedy and dispose of all Hazardous Materials located at, upon, under, within or in the Premises, the Building or the Property generated by or resulting from its operations, activities or processes during the term of this Lease (or such other periods of time as the Tenant may be in occupancy or in possession of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; Property or Building), in compliance with all Environmental Laws. In performing its obligations hereunder, the Tenant shall use best efforts to avoid interference with the use and enjoyment of the Building and the Property by other tenants and occupants thereof. The provisions hereof shall survive expiration or termination of this Lease. The Tenant shall indemnify, defend and save harmless the Landlord and its officers, directors, shareholders, employees, contractors, servants, invitees, representatives and agents from and against all loss, costs, damages, claims, proceedings, demands, liabilities, penalties, fines and expenses, including without limitation, reasonable fees and costs for attorneys’ fees, consultants’ fees, litigation costs and clean-up costs asserted against or incurred by the Landlord, its officers, directors, shareholders, employees, contractors, servants, invitees representatives or agents at any time by reason of or arising out of (ci) any remedial action taken by Tenant in response to any Hazardous Materials Claims release or any Hazardous Materials on, under or about any portion threat of the Premises in violation release of any Hazardous Materials Laws; at, in, upon, under or from the Premises, the Building or the Property where such release or threat of release is the result of the acts or omissions of the Tenant or its agents, servants, employees, contractors or invitees, or (dii) Tenant’s discovery any violation or alleged violation of any occurrence Environmental Laws governing Hazardous Materials where such violation or condition on alleged violation is the result of the acts or omissions of the Tenant or its agents, servants, employees, contractors, invitees, or any other person acting under Tenant. The indemnities set forth in this Section shall survive expiration or termination of this Lease. In addition to the vicinity requirements set forth above, the Tenant shall, within ten (10) days of receipt, provide to the Landlord copies of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to inspection or other reports, correspondence, documentation, orders, citations, notices, directives, or suits from Tenant, or by any governmental authority or any insurer regarding non-compliance with or potential or actual violation of Environmental Laws. The Landlord hereby expressly reserves the right to enter the Premises and all other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion portions of the Premises, including copies thereof. Landlord shall have Building and the right, Property in order to perform inspections and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as testing of the Commencement Date; air, soil and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to groundwater for the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in presence or existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseMaterials.

Hazardous Materials. Tenant’s use of A. Tenant warrants, covenants and agrees to conduct its business and operations on and from the Leased Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits strict compliance and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all federal, state and local environmental laws, regulations, executive orders, ordinances and directives now in force or which may hereafter be in force, including, but not limited to, the following: Clean Air Act; Clean Water Act; Resource Conservation and Recovery Act; Toxic Substances Control Act; Hazardous Materials Laws Transportation Act; Comprehensive Environmental Response, Compensation and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials LawsLiability Act; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response Emergency Planning and Community Right to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous MaterialsKnow Act; and (e) all communications to or from Tenantstate law counterparts, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees the Colorado Hazardous Waste Management Act (collectively referred to as "Environmental Laws"), and costs) any amendments to any such Environmental Laws, and not to cause, suffer or permit any damage or impairment to the health or safety or comfort of any person or to the environment at or on the Leased Premises and, to the extent the same is within Tenant's control, the surrounding property, including, but not limited to, damage or threatened damage to the soil, air, surface or groundwater resources at the Leased Premises and or, to the extent the same is within Tenant's control, on the surrounding property, nor cause, suffer allow to be suffered or permit any condition constituting a nuisance or violation of or resulting in liability under any Environmental Laws. Except for such as are a part of the ordinary course of Tenant's business and which are used in compliance with counsel chosen all Environmental Laws and have been approved in writing by Landlord, Tenant shall not cause or allow anyone else to join and participate incause any Hazardous Materials, as a party if it so electsherein defined, any legal proceedings to be used, generated, stored, brought onto, or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims disposed of on or causes of action arising out or relating to about the Facility Leased Premises or the Premises as Building Complex without the prior written consent of Landlord, which consent can be withheld at the Commencement Date; sole discretion of Landlord, and (ii) to Landlord’s knowledgemay be revoked at any time. Tenant shall provide Landlord with immediate notice of any violation of its Environmental Obligations or of any spill, no Environmental Activities in violation release or discharge of any Hazardous Materials Laws have occurred prior at or affecting the Leased Premises or the Building Complex. For purposes of this Lease, the term "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste which is regulated or becomes regulated under any applicable Environmental Laws. The foregoing obligations of Tenant shall hereinafter collectively be referred to as the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event "Environmental Obligations." Tenant shall assume sole and full responsibility for and shall remedy at its sole expense all violations by Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseEnvironmental Obligations.

Hazardous Materials. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substance defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant shall not cause or permit any Hazardous Material to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises by Tenant, its agents, employees, contractors, sublessees or invitees without the prior written consent of Landlord; provided, however, Tenant shall be allowed to store and use nominal amounts of commercially available cleaning products without the consent of Landlord and lithium batteries. Prior to using, locating or storing any lithium batteries at the Project, Tenant shall provide Landlord with ten (10) days advance written notice, with a detailed description thereof, and the intended maximum volume, location and use of such batteries at the Premises along with the Material Safety Data Sheets for such batteries. Tenant shall be responsible for taking any necessary protective actions related to the storage of lithium batteries at the Project. Tenant shall provide Landlord with ten (10) days advance written notice, setting forth an itemization of all other Hazardous Materials, with a detailed description thereof, and the intended volume, location and use of such Materials at the Premises, prior to the use or allowance of any other products, materials or substances which are Hazardous Materials as defined above or which have or may have adverse effects on the environment or the health and safety of persons. Landlord shall be entitled to take into account such other factors or facts as Landlord deems to be relevant in determining whether to grant or withhold consent to Tenant’s proposed activity with respect to Hazardous Material. In no event, however, shall Landlord be required to consent to the installation or use of any storage tanks in or on the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”Premises. If any Environmental Activities occur or are suspected To the extent Tenant is allowed to have occurred in violation of store and use any Hazardous Materials Laws by Tenant during the Term in or if Tenant has received notice of any Hazardous Materials Claim against any portion of about the Premises as a result in accordance with the provisions of Tenant’s acts or omissions during the Termthis Section, Tenant shall promptly obtain all permits and approvals necessary be obligated to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of provide Landlord and all applicable governmental authorities, with a Phase I Environmental Report prepared in accordance with all Hazardous Materials Laws current ASTM standards (“Phase I”). The Phase I, addressed and good business practices. During the Term, Tenant shall immediately advise certified to Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlordlender, to join and participate inif any, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises shall be dated as of the Commencement Date; date Tenant vacates the Premises. Tenant shall bear the cost of the Phase I and shall also be responsible for any and all costs, penalties and fines incurred for any environmental contamination and subsequent remediation at the Project. Should Tenant fail to timely deliver to Landlord the Phase I, Landlord may cause a Phase I to be prepared to like effect and Tenant shall be liable to Landlord for one hundred thirty percent (ii130%) to Landlord’s knowledge, no Environmental Activities of the cost of said Phase I. Should the Phase I provided by either Landlord or Tenant state that a hazardous condition exists in violation of any Hazardous Materials Laws have occurred or on the Project or that the Premises cannot be used or leased in a hazard- free condition (unless the hazardous condition existed prior to the Commencement Date which have not been remedied in fullunder the Lease), Tenant shall forthwith cause the hazardous condition to be fully corrected at Tenant’s expense. Notwithstanding anything In addition, Tenant shall be required to pay to Landlord monthly, on or before the first day of each month, an amount equal to the contrary contained herein, in no event shall Tenant be responsible Base Rent and Additional Rent due under the Lease for conditions the entire Premises for the last year of the Lease Term, for the first six (6) months following expiration of the Lease Term and thereafter one hundred thirty percent (130%) of Base Rent and Additional Rent due under the Lease for the entire Premises in existence prior for the last year of the Lease Term, until the Premises is restored to a hazard free condition. This requirement shall not be construed as an extension of an expired or terminated Lease, but solely as damages to Landlord due to such hazardous condition(s) existing at the Project which prevent Landlord from re-leasing the Premises. Tenant, following such expiration or termination of this Lease, shall be allowed access to the Commencement DateProject, andonly to the extent necessary to remove or otherwise correct any hazardous condition, if required by law, Landlord hereby agrees to remedy and shall conduct no gainful business activity whatsoever at said Premises. The provisions of this Section shall survive the expiration or any such actual or suspected problem through the removal termination of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant covenants and agrees that, with respect to any hazardous, toxic or special (medical or otherwise) wastes, materials or substances including asbestos, waste oil and petroleum products (the “Hazardous Materials”) which Tenant’s use , its agents or employees, may use, handle, store or generate in the conduct of its business at the Premises shall it will (a) comply with all applicable laws, ordinances and regulations which relate to the treatment, storage, transportation and handling of the Hazardous Materials; (b) that Tenant will in no event permit or cause any disposal of Hazardous Materials Lawsin the Premises and in particular will not deposit any Hazardous Materials in, except on or about the floor or in any drainage system or in the trash containers which are customarily used for the disposal of solid waste; (c) that with respect to any items set forth on Exhibit “D”. If any Environmental Activities occur off-site disposal, shipment, storage, recycling or are suspected to have occurred in violation transportation of any Hazardous Materials Laws by Materials, Tenant during shall property package the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of and shall cause to be executed and duly filed and retain all manifests and other records as may be required by federal, state or local law; (d) that at no time shall Tenant operate the Premises as a result treatment, storage or disposal facility for the treatment, storage or disposal of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem hazardous waste; (e) that to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of extent any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of may be temporarily stored at the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises they will be exposed to Hazardous Materialsstored in secure containers in compliance with all applicable laws; and (ef) that Tenant will at all communications reasonable time, but subject to the Access Conditions and OCP Restrictions, permit Landlord or from Tenant, any governmental authority its agents or any other Person relating employees to Hazardous Materials Laws or Hazardous Materials Claims enter the Premises to inspect the same for compliance with respect to any portion the terms of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claimsthis Article. Landlord represents and warrants to Tenant thatthat to the best of Landlord’s knowledge and without further inquiry: (ia) to Landlord’s knowledgethe Premises, the Property, and the Building do not contain any substance that is deemed a Hazardous Material (other than negligible quantities of such Hazardous Materials as may typically be found in commercial construction or cleaning products); (b) there are not pending claims no underground storage tanks for petroleum products or causes of action arising out Hazardous Materials, active or relating to abandoned, located on the Facility Premises, the Property, or the Premises as of the Commencement DateBuilding; and (iic) there are no environmental liens on the Premises, the Property, or the Building. Landlord also represents and warrants to Landlord’s knowledgeTenant that regarding any operations involving the handling, no Environmental Activities in violation manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge, or disposal of any Hazardous Materials Laws have occurred prior to or any wastes regulated under any local, state, or federal law, at or affecting the Commencement Date which have Premises, the Property, or the Building that Landlord: (w) is not presently nor has Landlord been remedied in full. Notwithstanding anything to the contrary contained herein, past engaged in no event shall Tenant be responsible for conditions any of the Premises foregoing operations at the Premises, the Property, or the Building; (x) does not presently have knowledge of any of the foregoing operations; (y) has not at any time in existence prior to the Commencement Datepast engaged in any of the foregoing operations; and (z) has no actual knowledge that any third person or entity has engaged in or permitted any of the foregoing operations at the Premises, andthe Property, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseBuilding.

Hazardous Materials. 40.1 Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept or used in or about the Premises, the Buildings or the Entire Project in violation of Applicable Laws by Tenant’s use , 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 Premises shall comply with all Premises, the Buildings, the Entire Project or any adjacent property, or if contamination of the Premises, the Buildings, the Entire Project or any adjacent property by Hazardous Materials Lawsotherwise occurs during the term of this Lease or any extension or renewal hereof or holding over hereunder due to such breach by Tenant, except for then Tenant shall indemnify, save, defend and hold Landlord, its agents and contractors harmless from and against any items set forth and all Claims (including sums paid in settlement, attorneys’ fees, consultants’ fees and experts’ fees, all pursuant to Section 21.1 and Section 21.7) 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 Exhibit “D”or under the Premises. If any Environmental Activities occur or are suspected to have occurred in violation Without limiting the foregoing, if the presence of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in Premises, the vicinity of any portion of Buildings, the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority Entire Project or any other Person relating to Hazardous Materials Laws adjacent property caused or Hazardous Materials Claims with respect to permitted by Tenant results in any portion contamination of the Premises, including copies thereof. Landlord the Buildings, the Entire Project or any adjacent property, then Tenant shall have the right, and except for any items noted on Exhibit “D” promptly take all actions at Tenant’s its sole cost and expense (includingas are necessary to return the Premises, without limitationthe Buildings, Landlord’s reasonable attorneys’ fees the Entire Project and costs) and with counsel chosen by Landlord, any adjacent property to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred their respective condition existing prior to the Commencement Date 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, the Buildings or the Entire Project. Landlord acknowledges that Tenant shall not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for environmental conditions of or contamination now or hereafter existing on, under or in the Entire Project, in the New Whole Building, in the New Multiple Tenant Building or in the Retained Premises caused by Landlord or tenants other than Tenant or by third parties in existence the Entire Project prior to the Commencement DateExecution Date or after such date, andor for environmental conditions or contamination coming from off-site so long as Tenant, if required by lawTenant’s Affiliates, its permitted sublessees or its agents did not cause or contribute to such environmental conditions or contamination. If any such conditions or contamination first arise after the Execution Date (other than as a result of Landlord’s actions or those of its contractors, employees, or other tenants), Landlord hereby agrees to remedy any may treat as Operating Expenses the costs of correcting or remediating such actual conditions or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensecontamination.

Hazardous Materials. Tenant’s use The environmental provisions set forth in this Section 19 are in addition to and supplement the environmental provisions of the Acquisition Agreement, which shall remain in full force and effect with respect to the Premises notwithstanding this Lease. For the purposes of this Lease, the terms "Hazardous Material" and "Environmental Law" shall comply have the meanings given those terms in the Acquisition Agreement. Landlord and Tenant shall promptly, after either of them learns of the occurrence thereof, give written notice to the other of receipt of any notice of violation or claim, or a request for information, relating in any manner to any Hazardous Material or Environmental Law in connection with all Hazardous Materials Lawsthe Premises. Landlord and Tenant shall, except for upon receipt by either of them of any items set forth on Exhibit “D”environmental sampling or testing results relating in any manner to the Premises, provide the other with copies of documents relating to such environmental investigations. If any Environmental Activities occur Tenant agrees that it shall not generate, use, store, release or are suspected to have occurred in violation dispose of any Hazardous Materials Laws Material on the Premises except in material compliance with applicable Environmental Laws. Tenant shall, at its sole cost and expense, cure within thirty (30) days after written notice from Landlord any breach of this Section 19 by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain by taking all permits necessary response and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, corrective actions in accordance with all applicable Environmental Laws. If Tenant is responsible by virtue of this Section 19 for the removal or remediation of any Hazardous Materials Laws and good business practices. During the TermMaterial, Tenant shall immediately advise Landlord in writing of: carry out and complete, at Exhibit 2.4 (acontinued) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s its sole cost and expense, such response actions, including without limitation, any investigation, reporting, removal, remediation, repair, closure, detoxification, decontamination, restoration and other clean-up of the Premises required under applicable Environmental Laws, as promptly as reasonably possible. All response actions shall be undertaken with disclosure to Landlord of and approval by Landlord of response plans. Landlord shall, at its sole cost and expense, cure within thirty (30) days after written notice from Tenant any breach by Landlord of this Section 19 by taking all necessary response and corrective actions in accordance with all applicable Environmental Laws. If Landlord is responsible for the removal or remediation of any Hazardous Material by virtue of this Section 19, Landlord shall carry out and complete, at its sole cost and expense, such response actions, including without limitation, any investigation, reporting, removal, remediation, repair, closure, detoxification, decontamination, restoration and other clean-up of the Premises required under applicable Environmental Laws, as promptly as reasonably possible. All response actions shall be undertaken so as to minimize interruption of Tenant's business and with disclosure to Tenant of and approval by Tenant of response plans. IT IS UNDERSTOOD AND AGREED THAT TENANT HAS NO RESPONSIBILITY FOR OR AUTHORITY OVER ANY HAZARDOUS MATERIALS LOCATED IN, ON OR ABOUT THE PREMISES, EXCEPT TO THE EXTENT, IF ANY, BROUGHT THEREON BY OR AT THE DIRECTION OF TENANT AND THOSE HAZARDOUS MATERIALS PROPERLY STORED AND LISTED ON AN MSDS REPORT MAINTAINED BY LANDLORD WITH RESPECT TO THE PREMISES ON THE DATE OF THIS LEASE AND ACQUIRED BY TENANT PURSUANT TO THE ACQUISITION AGREEMENT. LANDLORD RETAINS COMPLETE RESPONSIBILITY FOR AND AUTHORITY OVER ANY AND ALL HAZARDOUS MATERIALS IN, ON OR ABOUT THE PREMISES EXCEPT FOR THOSE BROUGHT THEREON BY TENANT AND SO ACQUIRED. Tenant agrees to indemnify, defend and hold harmless Landlord, its officers, directors, shareholders, employees, agents, successors and assigns, from and against all claims, damages, actions, proceedings, costs, liens, requirements, judgments, losses, penalties, fines, settlements and liabilities of any kind (including without limitation attorneys' fees and court costs, and consultant and expert witness fees arising in any manner, directly or indirectly, out of or by reason of (1) any breach of any of the warranties, representations, covenants or agreements in this Section 19 by Tenant, (2) any violation or alleged violation Exhibit 2.4 (continued) of any Environmental Law by Tenant with respect to the Premises (provided such violation or alleged violation does not represent the substantial continuation of a violation or alleged violation that commenced prior to the Term when Landlord operated the Premises, except for a violation that continues beyond a reasonable period after the management of Tenant become aware of such violation (other than violations currently known by employees of Landlord who have been or may become employees of Tenant as contemplated by the Acquisition Agreement)), and/or (3) any presence, generation, treatment, storage, disposal, transport, release, threatened release or suspected release of any Hazardous Material brought on, in, to or from the Premises by Tenant. Tenant agrees to employ security measures, consistent with the security measures historically employed by Landlord at the Premises, to prevent unauthorized dumping of Hazardous Materials on the Premises by third parties. Landlord agrees to indemnify, defend and hold harmless Tenant, its officers, directors, shareholders, employees, agents, successors and assigns, from and against all claims, damages, actions, proceedings, costs, liens, requirements, judgments, losses, penalties, fines, settlements and liabilities of any kind (including without limitation attorneys' fees and court costs, and consultant and expert witness fees arising in any manner, directly or indirectly, out of or by reason of (1) any breach by Landlord of this Section 19, (2) any violation or alleged violation of any Environmental Law by Landlord, and/or (3) any presence, generation, treatment, storage, disposal, transport, release, threatened release or suspected release of any Hazardous Material on, in, to or from the Premises that does not result solely and directly from Tenant's activities in the Premises. In the event of a breach by Landlord of this Section 19, Tenant may at any time thereafter terminate this Lease by written notice to Landlord. The provisions of this Section 19 shall survive the expiration or earlier termination of the term of this Lease.

Hazardous Materials. Tenant’s use 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 will be used, 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 premises. If Lessee breaches the obligation stated above in this paragraph, or if the presence of hazardous material on or about the premises caused or permitted by Lessee results in contamination of the Premises shall comply with all Hazardous Materials Lawspremises, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion contamination of the Premises as a result of Tenant’s acts premises or omissions during surrounding area by Hazardous Material otherwise occurs for which the TermLessee is legally liable to Lessor for damage resulting therefrom, Tenant Lessee shall promptly obtain all permits indemnify, defend and approvals necessary to remedy hold Lessor completely harmless from any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authoritiesclaims, in accordance with all Hazardous Materials Laws and good business practices. During the Termjudgments, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant damages, penalties, fines, costs, liabilities or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense losses (including, without limitation, Landlord’s reasonable diminution in value of the 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 sums paid in settlement of claims, attorneys’ fees ' fees, consultant fees, and costsexpert fees) and with counsel chosen by Landlord, to join and participate in, that arise during or after the term of this Lease as a party if it so electsresult of that contamination. This indemnification of Lessor by Lessee includes, any legal proceedings or actions initiated 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, XXXXXXX XXXX & XXXXXXX MARTINSVILLE, VA. subdivision because of Hazardous Materials ClaimsMaterial present in the soil or ground water on, under or about the premises. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeWithout limiting the foregoing, there are not pending claims if the presence of any Hazardous Material on or about the premises caused or permitted by Lessee results in the contamination of the premises or surrounding area or causes of action arising out the premises or relating surrounding area to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities be in violation of any Hazardous Materials Laws have occurred prior laws, rules, statutes or ordinances, Lessee shall promptly take all actions at its sole expense as is necessary to return the premises and surrounding area to the Commencement Date which have not been remedied in full. Notwithstanding anything to condition existing before the contrary contained herein, in no event shall Tenant be responsible for conditions introduction of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual Hazardous Material, provided, that Lessor's approval of those actions shall first be obtained, which approval shall not be unreasonably withheld so long as those actions would not potentially have any material adverse long-term or suspected problem through short-term effect on the removal of Hazardous Materials at Landlord’s sole cost and expensepremises or surrounding area.

Hazardous Materials. Tenant’s Tenant shall not (a) introduce on or transfer to or store on the Premises, the Building or the Complex or use on the Premises, any Hazardous Materials (as hereinafter defined), except such Hazardous Materials in such amounts as are reasonably necessary for the conduct of the Premises shall comply Permitted Uses, and then only in compliance with all Hazardous Materials LawsEnvironmental and Health Laws (as hereinafter defined) and the terms and conditions of recommendations, except for policies or requirements of any items set forth on Exhibit “D”. If any Environmental Activities occur insurer of the Building of Complex ("INSURANCE CONDITIONS"); (b) dump, flush or are suspected to have occurred in violation otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises, the Building or the Complex, except in compliance with Environmental and Health Laws by Tenant during the Term and Insurance Conditions; (c) release, spill or if Tenant has received notice dispose of any Hazardous Materials Claim against in or on the Premises, the Building or the Complex, or (d) transfer any portion of Hazardous Materials from the Premises as a result to any other location (except the transfer of Tenant’s acts such Hazardous Materials expressly permitted to be used on the Premises from the Premises for disposal and then only in compliance with all Environmental and Health Laws and Insurance Conditions). Tenant agrees that if it or omissions during anyone claiming under it shall transfer to the TermPremises, store, use or dispose (except to the extent expressly permitted above), generate, release, threaten release or spill, any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental and Health Laws, regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall promptly obtain all permits and approvals necessary to remedy pay any such actual fines, penalties or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken other assessments imposed by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises, including copies the Building or the Complex which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord shall have the rightany notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and Health Laws or with counsel chosen by Landlord, respect to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claimsaffecting the Premises, the Building or the Complex. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or other informational requests relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Tenant's use of the Premises in existence prior to the Commencement Date, and, if required by lawin particular, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Tenant's use, generation, storage and/or disposal of Hazardous Materials at Landlord’s sole cost at, to, or from the Premises. For purposes of this Lease, the term "HAZARDOUS MATERIALS" shall mean and expenseinclude any Excepted Waste (as defined in Section 5.3 of this Lease), asbestos and asbestos-containing materials, air pollutants or contaminants, crude and refined oil and the products and by-products of oil and petroleum, radioactive, biological, medical or infectious wastes or materials, and any other toxic or hazardous wastes, materials and substances which are defined, determined or identified as a hazardous substance or hazardous waste, extremely hazardous waste, infectious waste, non-RCRA waste, retrograde material, restricted hazardous waste, volatile organic compound, waste or similarly defined, determined or identified in any Environmental and Health Laws, or in any judicial or administrative interpretation of Environmental and Health Laws.

Hazardous Materials. Tenant’s use For purposes of this Lease, "Hazardous Material" means any pollutant or contaminant or hazardous, dangerous or toxic chemicals, materials, or substances within the meaning of any applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders) relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste substance or material, all as amended or hereafter amended. Hazardous Material shall also include, without limitation, crude oil or any fraction thereof, any radioactive material, asbestos in any form or condition, radon, polychlorinated biphenyls ("PCBs") or substances or compounds containing PCBs, medical waste and noxious chemicals used in any construction on the Premises. Tenant agrees not to keep in or on the Premises any inflammable, combustible or explosive substance nor any substance which would create or tend to create a dangerous or combustible condition (other than cleaning products and other substances of the Premises shall comply sort and in quantities customarily kept in similar operations provided same are kept and used in accordance with all Hazardous Materials Lawsapplicable laws). Tenant agrees not to cause or allow the presence, except for any items set forth on Exhibit “D”. If any Environmental Activities occur storage, use, maintenance or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials in or otherwiseabout the Premises without Landlord's prior written consent. If Tenant's business requires use or possession of Hazardous Materials, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Tenant must advise Landlord and obtain Landlord's written consent before bringing any Hazardous Materials onto or creating such condition on or within the Premises. If Tenant uses or maintains Hazardous Materials on or in the Premises, Tenant agrees to handle, store, transport and dispose of all applicable governmental authorities, Hazardous Materials at Tenant's sole cost and expense in accordance with all then-existing local, state and federal rules and laws. Provided it is lawful to do so, Tenant agrees to enter into a contract(s) with a company certified to handle the Hazardous Materials Laws for the transport and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation disposal of any all Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of from the Premises; (c) . A copy of all such contracts and all renewals must be provided to Landlord. Landlord may, at Landlord's sole option, now or in the future, obtain a report from an environmental consultant of Landlord's choice as to whether Tenant has been or is currently using any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion part of the Premises for the improper use, handling, storage, transportation or disposal of Hazardous Materials. If any such report indicates such improper use, handling, storage, transportation or disposal of Hazardous Materials, Tenant agrees to immediately reimburse Landlord for the cost of obtaining the environmental report, and, in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion addition, Landlord may require that all violations of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims law with respect to the Hazardous Materials be corrected and/or that Tenant obtains all necessary environmental permits and approvals. If Tenant fails to correct any portion such violation(s) of law and/or fails to obtain such necessary permits within a reasonable time after demand from Landlord, then Landlord may declare this Lease in default and/or may cause the Premises, including copies thereof. Landlord shall have Premises and any surrounding areas to be freed from the right, and except for any items noted on Exhibit “D” Hazardous Materials at Tenant’s 's sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to which Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensepay on demand from Landlord as additional rent.

Hazardous Materials. Tenant and Landlord acknowledge that each has received and reviewed that certain Phase I Environmental Site Assessment dated October 14, 1997 and that certain Asbestos Facility Survey dated October 15, 1997 each prepared by Environmental Consulting & Technology, Inc. pertaining to the Premises (collectively, the “Report”), and each party to this Lease has undertaken such additional investigations regarding the subject matter of said Report to its respective satisfaction. Landlord hereby represents to Tenant that it has no knowledge regarding the environmental condition of the Premises except as disclosed in the Report. Tenant acknowledges that except as contained in the preceding sentence, Landlord has not made any representation or warranty to Tenant regarding the accuracy of the information in said Report or the environmental condition of the Premises generally or specifically and Tenant has not relied upon any statements by Landlord, if any, regarding the condition of the Premises including its environmental condition. Tenant hereby represents to Landlord that it has no knowledge regarding the environmental condition of the Property except as disclosed in the Report. Tenant represents, warrants and covenants (i) that it will not use nor store in, or about the Premises, any Hazardous Materials (defined herein), other than those Hazardous Materials that are necessary for Tenant to conduct its business activities on the Premises, (ii) that, with respect to any such Hazardous Materials, Tenant shall comply with all applicable federal, state and local laws, rules, regulations, policies and authorities relating to the storage, use, disposal or cleanup of Hazardous Materials, including, but not limited to, the obtaining of proper permits, and (iii) that it will not dispose of any Hazardous Materials in, on or about the Premises except as may be permitted by and in accordance with applicable law. Tenant agrees to clean up or cause to be cleaned up any contamination created by Tenant, brought on by Tenant or allowed by Tenant to be brought upon the Premises during the term of this Lease, as extended or renewed, requiring removal or remediation under federal, state or local, law, statutes, ordinances, regulations or policies. Tenant further agrees to indemnify, defend and hold Landlord and Landlord’s mortgagees harmless from and against any claims, liabilities, suits, causes of action, costs, expenses or fees, including reasonable attorneys’ fees and costs, arising out of or in connection with (i) any remediation, cleanup work, inquiry or enforcement proceeding in connection with any clean up work required under the preceding sentence; (ii) any Hazardous Materials used, stored or disposed of by Tenant or its agents, employees, contractors or invitees in, on or adjacent to the Premises after the Commencement Date; (iii) any Hazardous Materials generated by or resulting from Tenant’s use of the Premises shall comply with all Hazardous Materials Lawsand transported, except for stored, disposed of, or released in any items set forth on Exhibit “D”. If any Environmental Activities occur manner at a location other than the Premises; or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (biv) any Hazardous Material located on the Premises during the Lease term except that which may be present as of the Commencement Date or thereafter created by Landlord, brought on by Landlord or allowed by Landlord to be brought upon the Premises. Tenant shall surrender the Premises to Landlord upon the expiration or earlier termination of this Lease free of debris, waste and Hazardous Materials Claims against used, stored or disposed of by Tenant or its agents, employees, contractors or invitees, and in a condition which complies with all governmental statutes, ordinances, regulations and policies except for non-compliance arising from Landlord’s activities or any portion conditions existing as of the Premises; (c) any remedial action taken by Tenant in response Commencement Date. Upon such expiration or earlier termination Landlord may procure the services of an environmental engineer to any Hazardous Materials Claims or assess the existence of any Hazardous Materials on, under in, or about the Premises and if any portion material violation of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery covenants herein are disclosed by such assessment report, a copy of any occurrence or condition on or which shall be furnished to Tenant, in addition to curing the vicinity of any portion violations (to the extent such cure would be required under the immediately preceding paragraph), Tenant shall reimburse Landlord for the reasonable cost of the Premises that materially increase the risk that assessment and report. Landlord agrees to clean up or cause to be cleaned up any portion of contamination created by Landlord, brought on by Landlord or allowed by Landlord to be brought upon the Premises will be exposed during the term of this Lease, as extended, requiring removal or remediation under federal, state or local, law, statutes, ordinances, regulations or policies. Landlord further agrees to Hazardous Materials; indemnify, defend and (e) all communications to hold Tenant harmless from and against any claims, liabilities, suits, causes of action, costs, expenses or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premisesfees, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs, arising out of or in connection with (i) and with counsel chosen by Landlordany remediation, to join and participate incleanup work, as a party if it so elects, any legal proceedings inquiry or actions initiated enforcement proceeding in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to clean up work required under the Facility or the Premises as of the Commencement Datepreceding sentence; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior located upon, used, stored or disposed of on or adjacent to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy ; (iii) any such actual or suspected problem through the removal of Hazardous Materials at generated by or resulting from Landlord’s sole cost use of the Premises and expensetransported, stored, disposed of, or released in any manner at a location other than the Premises; or (iv) any Hazardous Materials created by Landlord, brought on by Landlord or allowed by Landlord to be brought upon the Premises.

Hazardous Materials. Tenant’s use CBC, Inc. shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept or used in or about the Licensed Facilities by CBC, Inc., its agents, principals, employees, contractors, consultants or invitees without the prior written consent of the Premises shall comply with all Hazardous Materials LawsSBBC’s Center administrator, except which consent may be withheld for any items set forth on Exhibit “D”reason whatsoever or for no reason at all. If any Environmental Activities occur or are suspected to have occurred CBC, Inc. breaches the obligations stated in violation of any Hazardous Materials Laws by Tenant during the Term preceding sentence, or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal presence of Hazardous Materials Material upon the Licensed Facilities caused or otherwisepermitted by CBC, and upon Landlord’s approval of Inc. (or the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, aforesaid others) results in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation contamination of any Hazardous Materials Laws; the Licensed Facilities, the surrounding area(s), the soil or surface or ground water or (b) any loss or damage to person(s) or property, or if contamination of the Licensed Facilities or the surrounding area(s) by Hazardous Materials Claims against Tenant Material otherwise occurs for which CBC, Inc. is legally, actually or factually liable or responsible to SBBC (or any portion of the Premises; party claiming, by through or under SBBC) for damages, losses, costs or expenses resulting therefrom, then CBC, Inc. shall be solely responsible for all costs, expenses and amounts required to remediate, clean up and correct such matter and CBC, Inc. shall further fully and completely indemnify, defend and hold harmless SBBC (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onparty claiming by, through or under SBBC) from any and all claims, judgments, damages, penalties, fines, costs, liabilities or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (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, Landlord’s reasonable attorneys’ attorneys and paralegals' fees, (whether incurred in court, out of court, on appeal or in bankruptcy or administrative proceedings) consultants fees and costs) and with counsel chosen by Landlord, to join and participate inexpert fees] which arise during or after the term of this License Agreement or any renewal thereof, as a party if it so electsconsequence of such contamination. This indemnification of SBBC by CBC, any legal proceedings or actions initiated Inc. includes, without limitation, costs incurred in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeinvestigation or site conditions or any clean-up, there are not pending claims remedial, removal or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if restoration work required by lawany federal, Landlord hereby agrees to remedy any such actual state or suspected problem through the removal local governmental agency or political subdivision because of Hazardous Materials at Landlord’s sole cost and expenseMaterial present in the soil or ground water on or under the Licensed Facilities.

Hazardous Materials. Tenant’s use Contamination. Borrower agrees to, (a) give notice to Lender immediately upon Borrower's acquiring knowledge of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation presence of any Hazardous Materials (other than those stored in compliance with applicable Laws and are in Borrower's possession in the ordinary course of business) on any property owned or controlled by Tenant during the Term Borrower or if Tenant has received notice for which Borrower is responsible or of any Hazardous Materials Claim against Contamination with a full description thereof for which remedial or corrective action is required; (b) promptly take action to comply with any portion Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide Lender with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the Premises part of any Governmental Authority; (c) provide Lender, within 30 days after a demand by Lender, with a bond, letter of credit or similar financial assurance evidencing to Lender's reasonable satisfaction that the necessary funds are available to pay the cost of removing, treating and disposing of Hazardous Materials described in item (b) or Hazardous Materials Contamination and discharging any Lien which may be established as a result thereof on any property owned or controlled by Borrower or for which Borrower is responsible; and (d) defend, indemnify and hold harmless Lender and its employees, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation presence of any Hazardous Materials Laws; (b) on any property owned or controlled by Borrower for which Borrower is responsible for any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseContamination.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: , to the best of Landlord’s actual knowledge as of the date of this Lease, there are no Hazardous Materials in the Building or on the Site which are or would be required to be removed or otherwise abated in accordance with applicable Hazardous Materials Laws. Subject to the limitations of Section 9.3 hereof, Landlord shall remove or xxxxx as required by applicable Hazardous Materials Laws (as that term is defined in Section 5.3 below) any Hazardous Materials (as that term is defined in Section 5.3 below) on, at, beneath, or migrating from the Site or in the Building which require removal or abatement pursuant to applicable Hazardous Materials Laws, provided that the foregoing removal and/or abatement requirements shall not apply to Hazardous Materials which are first introduced or first become present in the Building or on the Site after the Premises A Commencement Date (x) because of the action or (where action is required hereunder or under Hazardous Materials Laws) inaction of any tenant or occupant in the Site, including Tenant, or (y) because of the use of Hazardous Materials, or additions, alterations or improvements by Tenant or anyone claiming by, through or under Tenant or any other occupant (other than any Landlord Party) of the Building (items (x) and (y) being herein collectively called the “Exclusions”). Subject to the limitations of Section 9.3 hereof and except with respect to the Exclusions, Landlord agrees to defend, indemnify, and save Tenant harmless from liability, loss and damage to persons or property and from any claims (including, without limitation, bodily injury, property damage, and environmental clean-up claims and notices of responsibility), actions, proceedings and expenses in connection therewith resulting from (1) the presence of Hazardous Materials on, at, beneath, or migrating from the Site or in the Building (other than Hazardous Materials introduced by Tenant (or anyone claiming by, through, or under Tenant) or any other occupant of the Building; or (2) the failure of Landlord to fulfill its obligations under the this Section 4.3; provided, however, that in no event shall the foregoing indemnity (i) to Landlord’s knowledge, there are not pending claims cover or causes of action arising out in any way include the Exclusions or relating to the Facility or the Premises as of the Commencement Date; and (ii) render Landlord liable for any loss or damage to LandlordTenant’s knowledgeProperty and Landlord shall in no event be liable for indirect, no Environmental Activities consequential or punitive damages. This indemnity and hold harmless agreement shall survive the expiration or earlier termination of this Lease. In connection with the foregoing, Landlord hereby agrees to use commercially reasonable efforts to enforce the terms of its leases with other tenants of the Building and/or the Site, in the event of a violation of any Hazardous Materials Laws have occurred prior to resulting from the Commencement Date which have not been remedied in full. Notwithstanding anything to action or inaction of any tenant or occupant of the contrary contained hereinBuilding and/or the Site, or any employee, agent or contractor thereof; provided, however, that, in no event shall Landlord be liable to Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal violation of Hazardous Materials at Landlord’s sole cost and expenseLaws by any tenant or occupant of the Building.

Hazardous Materials. Tenant’s Sublessor hereby agrees that to the extent any Hazardous Materials are currently located in, on or around the Subleased Premises and to the extent any Hazardous Materials are found in, on or around the Subleased Premises and/or the Land after the date of full execution and delivery of this Sublease and same were not placed in the Subleased Premises by Sublessee, its agents, employees, contractors, invitees or licensees, Sublessor shall be responsible for all costs in connection with same, which costs shall not be included in Operating Expenses. Sublessor agrees to promptly remediate all such Hazardous Materials to the extent required by law (or any governmental agency with jurisdiction thereon) to be removed, shall keep Sublessee informed as to the scheduling of any such remedial or related work, and shall indemnify, defend and hold Sublessee harmless in connection therewith. Sublessor acknowledges that in connection with this Sublease, Sublessee shall be performing a Phase 1 environmental survey and conducting other environmental and related testing. Sublessor warrants, that except as provided by Exhibit “H” attached hereto and made a part hereof (the “Disclosure Notice”), neither Sublessor, the Prime Lessor nor any preceding owners, lessees or sublessees of the Land or Subleased Premises have used all, or any portion, of same for the production, disposal or storage of any Hazardous Materials (as defined below), and Sublessor is not aware of any such prior use or any proceeding or inquiry by a governmental authority with respect to the presence of such waste or substance on the property or the movement thereof from or to adjoining property. Sublessor warrants there is no asbestos in the Subject Building and Parking Facility. Sublessor will not, at any time, use or permit the use of any portion of Subleased Premises, the Premises shall comply with all Hazardous Materials LawsBuildings, except for Parking Facilities, the Land beneath any items set forth on Exhibit “D”. If any Environmental Activities occur of them, or are suspected the Site, to have occurred be used in violation of any Applicable Laws, including those relating to environmental conditions on, under or about the Site, including but not limited to asbestos, soil and ground water conditions and Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of TenantMaterials. Further, Sublessor’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through cost for the removal of Hazardous Materials from Sublessor’s Subleased Premises or otherwisethe Project shall be excluded from Operating Expenses which would otherwise be passed through to Sublessee inclusive of any material which is deemed toxic presently or in the future. Sublessor shall defend, indemnify and hold Sublessee harmless from and against any and all losses, costs (including reasonable attorneys’ fees), liabilities and claims arising from any violations of the Applicable Laws and/or the existence of Hazardous Materials that are now or hereinafter become located in, on or under the Site, and upon Landlord’s approval shall assume full responsibility and cost to remedy such violations and/or the existence of Hazardous Materials, provided and to the extent that such violation or the existence of Hazardous Materials is not caused by Sublessee. Hazardous Materials shall include, but shall not be limited to, substances requiring investigation, removal or remediation under any federal, state or local statute, regulation, ordinance or policy including substances defined as “hazardous substances” or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 1802; the Resource Conservation Recovery Act, 42 U.S.C. Section 6901, et. seq.; or those substances defined as “hazardous wastes” in applicable codes in the State of California or the State where the Premises are located and in the regulations adopted and publications promulgated to such codes. Sublessee shall have the right to use and store Hazardous Materials (so long as such does not require a permit under the Resource Conservation Recovery Act) in the Subleased Premises with concurrent notice of such to Sublessor including any applicable Material Safety Data Sheets. Sublessee shall not, at any time, use any portion of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities Subleased Premises or Project in violation of any Hazardous Materials Laws; Regulations. Sublessee shall defend, indemnify and hold Sublessor harmless from and against any and all losses, costs (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees fees), liabilities and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to from the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethat hereinafter become located in, on or under the Project caused by Sublessee.

Hazardous Materials. As used in this Lease, “Hazardous Materials” shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic substances,” or other similar designations in any Regulation. Tenant shall not cause, or allow any of Tenant’s use of the Premises shall comply with all Hazardous Materials LawsParties to cause, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term to be handled, used, generated, stored, released or if Tenant has received notice disposed of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises Premises, the Building or the Project or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord’s written consent prior to the introduction of any Hazardous Materials Lawsonto the Project. 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 Premises; (d) Tenant’s discovery provided that Tenant shall always handle, store, use and dispose of any occurrence such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, or condition on Project or surrounding land or environment. Tenant shall immediately notify Landlord in the vicinity writing of any Hazardous Materials’ contamination of any portion of the Premises that materially increase the risk that any portion Project of the Premises will be exposed to Hazardous Materials; and (e) all communications to which Tenant becomes aware, whether or from not caused by Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightright at all reasonable times and if Landlord determines in good faith that Tenant may not be in compliance with this Paragraph 4.D 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 except for investigations to be borne by Tenant. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and hold Landlord harmless from and against any items noted on Exhibit “D” at and all claims, liabilities, losses, costs, loss of rents, liens, damages, injuries or expenses (including attorneys’ and consultants’ fees and court costs), demands, causes of action, or judgments directly or indirectly rising out of or related to the use, generation, storage, release, or disposal of Hazardous Materials by Tenant or any of Tenant’s sole cost and expense (includingParties in, on, under or about the Premises, the Building or the Project or surrounding land or environment, which indemnity shall include, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlorddamages for personal or bodily injury, to join and participate inproperty damage, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating damage to the Facility environment or natural resources occurring on or off the Premises as of Premises, losses attributable to diminution in value or adverse effects on marketability, the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation cost of any Hazardous Materials Laws have occurred investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the Commencement Date which have not been remedied in fullexpiration or earlier termination of this Lease. Notwithstanding anything Neither the consent by Landlord to the contrary contained hereinuse, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Dategeneration, andstorage, if required by law, Landlord hereby agrees to remedy any such actual release or suspected problem through the removal disposal of Hazardous Materials at Landlordnor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant’s sole cost and expenseobligation of indemnification pursuant to this Paragraph 4.D. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. Tenant shall not (either with or without negligence) cause or permit the escape, disposal, release or threat of release of any biologically or chemically active or other Hazardous Materials (as said term is hereafter defined) on, in, upon or under the Property or the Premises. Tenant shall not allow the generation, storage, use or disposal of such Hazardous Materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the generation, storage, use and disposal of such Hazardous Materials, nor allow to be brought into the Property any such Hazardous Materials except for use in the ordinary course of Tenant’s use business (inclusive of small amounts of ordinary cleaning supplies), and then only after written notice is given to Landlord of the identity of such Hazardous Materials. 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 but only if such requirement applies to the Premises or may be the result of the acts or omissions of Tenant. 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 Materials on the Premises. The Tenant shall, at its own expense, remove, clean up, remedy and dispose of (in compliance with all applicable laws, rules and regulations) all Hazardous Materials generated or released by the Tenant or its officers, directors, employees, contractors, servants, invitees, agents or any other person acting under Tenant during the term of this Lease (or during such term as the Tenant is in occupancy or possession of any part of the Premises, the Building or the Property) at or from the Premises, the Building or the Property in compliance with all Environmental Laws (as said term is hereafter defined) and further, shall remove, clean up, remedy and dispose of all Hazardous Materials located at, upon, under, within or in the Premises, the Building or the Property generated by or resulting from its operations, activities or processes during the term of this Lease (or such other periods of time as the Tenant may be in occupancy or in possession of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the PremisesProperty or Building); in compliance with all Environmental Laws. In performing its obligations hereunder, the Tenant shall use best efforts to avoid interference with the use and enjoyment of the Building and the Property by other tenants and occupants thereof. The provisions hereof shall survive expiration or termination of this Lease: The Tenant shall indemnify, defend and save harmless the Landlord and its officers, directors, shareholders, employees, contractors, servants, invitees, representatives and agents from and against all loss, costs, damages, claims, proceedings, demands, liabilities, penalties, fines and expenses, including without limitation, reasonable fees and costs for attorneys’ fees, consultants’ fees, litigation costs and clean-up costs asserted against or incurred by the Landlord, its officers, directors, shareholders, employees, contractors, servants, invitees representatives or agents at any time by reason of or arising out of (ci) any remedial action taken by Tenant in response to any Hazardous Materials Claims release or any Hazardous Materials on, under or about any portion threat of the Premises in violation release of any Hazardous Materials Laws; at, in, upon, under or from the Premises, the Building or the Property where such release or threat of release is the result of or alleged to result from the acts or omissions of the Tenant or its agents, servants, employees, contractors or invitees, or (dii) Tenant’s discovery any violation or alleged violation of any occurrence Environmental Laws governing Hazardous Materials where such violation or condition on alleged violation is the result of or alleged to result from the acts or omissions of the Tenant or its agents, servants, employees, contractors, invitees, or any other person acting under Tenant. The indemnities set forth in this Section shall survive expiration or termination of this Lease. In addition to the vicinity requirements set forth above, the Tenant shall, within ten (10) days of receipt, provide to the Landlord copies of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to inspection or other reports, correspondence, documentation, orders, citations, notices, directives, or suits from Tenant, or by any governmental authority or any insurer regarding non-compliance with or potential or actual violation of Environmental Laws. The Landlord hereby expressly reserves the right to enter the Premises and all other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion portions of the Premises, including copies thereof. Landlord shall have Building and the right, Property in order to perform inspections and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as testing of the Commencement Date; air, soil and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to groundwater for the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in presence or existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseMaterials.

Hazardous Materials. Tenant’s use (a) "Hazardous substance" shall mean the substances included or which hereafter may be included with the definitions of the Premises terms "hazardous substance" and "hazardous material" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601 et seq., the Hazardous Materials Transportation Act of 1975, 49 U.S.C. 1801 et seq., and to regulations promulgated under those various statutes as amended, and petroleum. "Hazardous waste" shall comply mean any waste listed as or meeting the identified characteristics of a "hazardous waste" under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq., and regulations promulgated thereunder, collectively "RCRA", as amended. Also, any other federal, state, or local statute law, ordinance, code, rule, regulation, order to 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, with all other federal, state, or local statutes, laws, ordinances, codes, rules, regulations, order or decree described in this Paragraph 8.2(a), "Hazardous Materials Laws"). (b) Tenant will not cause or permit the storage, except for any items set forth on Exhibit “D”. If any Environmental Activities occur use, generation, or are suspected to have occurred in violation disposition of any Hazardous Materials Laws by Tenant during the Term hazardous materials in, on, or if Tenant has received notice of any Hazardous Materials Claim against any portion of about the Premises as or the Building by Tenant, its agents, employees, or contractors. Tenant will not permit the Premises to be used or operated in a result of Tenant’s acts manner that may cause the Premises or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary Building to remedy be contaminated by any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities hazardous materials in violation of any Hazardous Materials Laws; . Tenant will immediately advise Landlord in writing of (b1) any Hazardous Materials Claims against Tenant and all enforcement, cleanup, remedial, removal, or any portion of the Premises; (c) any remedial action taken by Tenant in response other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Claims or Laws relating to any Hazardous Materials on, under or about any portion of hazardous materials affecting the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous MaterialsPremises; and (e2) all communications to claims made or from threatened by any third party against Tenant, any governmental authority Landlord, or any other Person the Premises relating to Hazardous Materials Laws damage, contribution, cost recovery, compensation, loss, or Hazardous Materials Claims with respect to injury resulting from any portion of hazardous materials on or about the Premises. Without Landlord's prior written consent, Tenant will not take any remedial action or enter into any agreements or settlements in response to the presence of any hazardous materials in, on, or about the Premises. (c) Tenant will be solely responsible for and will defend, indemnify and hold Landlord, its agents, and employees harmless from and against all claims, costs, and liabilities, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ attorney's fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings arising our of or actions initiated in connection with Tenant's breach of its obligations in this Article 8. Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeall claims, there are not pending claims or causes of action costs, and liabilities, including attorneys' fees and costs, arising out of or relating in connection with the removal, cleanup, and restoration work and materials necessary to the Facility or return the Premises as and any other property of whatever nature located on the Commencement Date; and (ii) project to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred their condition existing prior to the Commencement Date which have not been remedied in fullappearance of Tenant's hazardous materials on the Premises. Notwithstanding anything to Tenant's obligations under this Article 8 will survive the contrary contained herein, in no event shall Tenant be responsible for conditions expiration or other termination of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use of the Premises , at its sole cost, shall comply with all Hazardous Materials LawsLaws relating to the storage, except for any items set forth on Exhibit “D”. If any Environmental Activities occur use, disposal, emission, or are suspected to have occurred in violation release of any Hazardous Materials Laws by Tenant during the Term by Tenant or if Tenant has received notice of any its agents, employees or contractors. If Hazardous Materials Claim against stored, used, or disposed of on or about the Project by Tenant or its agents, employees or contractors during the Term result in contamination or deterioration of water or soil on or about the Project, then Tenant shall promptly take any portion and all action necessary to clean up such contamination as required by applicable Law. At any time prior to the expiration of the Premises Term, Tenant shall have the right to conduct appropriate tests of water and soil and deliver to Landlord the results of such tests to demonstrate that no contamination has occurred as a result of Tenant’s acts or omissions during use of the Term, Project. Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisebe solely responsible for, and upon Landlord’s approval of the remediation planshall defend, remedy any such problem to the satisfaction of indemnify and hold harmless Landlord from and against, all applicable governmental authoritiesclaims, in accordance with all Hazardous Materials Laws costs and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premisesliabilities, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join the extent arising out of the disposal or release of Hazardous Materials on or about the Project by Tenant or its agents, employees or contractors during the Term. Notwithstanding the foregoing or anything to the contrary contained in this Lease, under no circumstance shall Tenant be liable for any losses, costs, claims, liabilities or damages (including attorneys’ and participate inconsultants’ fees) of any type or nature, as a party if it so elects, any legal proceedings directly or actions initiated indirectly arising out of or in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgepresent at any time on or about the Building or Project, there are not pending claims or causes the violation of action arising out or relating any environmental Laws, except to the Facility or the Premises as extent that any of the Commencement Date; and (ii) to Landlord’s knowledgeforegoing actually results from the release or disposal of Hazardous Materials during the Term by Tenant or its agents, no Environmental Activities employees or contractors in violation of applicable environmental Laws. As used herein and elsewhere in this Lease, the term “Hazardous Material” means any Hazardous Materials Laws have occurred prior material or substance that is now or hereafter prohibited or regulated by any Law or that is now or hereafter designated by any governmental authority to be radioactive, toxic, hazardous or otherwise a danger to health, reproduction or the Commencement Date which have not been remedied in fullenvironment, including, without limitation, asbestos and petroleum products. Notwithstanding anything to the contrary contained hereinin this Lease, nothing in no event this Lease (including, without limitation, this Section 4.4) shall Tenant be responsible for conditions deemed to terminate, modify, amend or otherwise affect in any manner whatsoever any provision of the Premises in existence prior to Agreement, including, without limitation, the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal provisions of Hazardous Materials at Landlord’s sole cost Articles 10 and expense12 thereof.