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, shall comply with, maintain the Property and Building in compliance with, and ensure that all Tenant’s employees, agents, contractors, and invitees comply with all applicable federal, state and local environmental, safety and health laws, common law, ordinances, rules, regulations, permits, licenses and binding standards of applicable governmental authorities (“Environmental Laws”). Tenant shall notify Landlord promptly after becoming aware during the Term of any release of Hazardous Substances at the Premises or violation of Environmental Laws that could reasonably be expected to require response action or affect the value of the Premises, and shall forward to Landlord promptly after receipt thereof copies of all orders, reports, notices, and material communications relating to any such release or violation. Tenant shall promptly obtain remediate and take 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 corrective actions with respect to any portion release of Hazardous Substances or violation of Environmental Laws relating to the PremisesPremises as required under Environmental Laws or at the reasonable request of Landlord. Tenant agrees to protect, including copies thereof. Landlord shall have the rightindemnity, defend, and except for hold harmless Landlord and its officers, employees, directors, owners, subsidiaries and affiliates (“Landlord Party Indemnitees”) from and against, and promptly pay to or reimburse such Landlord Party Indemnitees for, any items noted on Exhibit “D” at Tenant’s sole cost liabilities, obligations, claims, damages, penalties, causes of action, costs and expense expenses (including, without limitation, Landlord’s reasonable attorneys’ and consultants’ fees and costsexpenses) 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 of, caused by, or relating in any manner whatsoever connected to the Facility (a) any environmental, health or safety condition at, on or emanating from 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 caused by Tenant be responsible for conditions of the Premises in existence prior to or its invitees and occurring after the Commencement Date, and(b) any violation of Environmental Laws by Tenant or its invitees occurring after the Commencement Date or other condition occurring after the Commencement Date and caused by Tenant or its invitees requiring remediation or other response action under Environmental Laws, if required or (c) the release or threatened release by lawTenant or its invitees after the Commencement Date of any Hazardous Substance in, Landlord hereby agrees to remedy any to, or from the Premises, provided that such actual release or suspected problem through the removal threatened release of Hazardous Materials at Substances was not caused by the negligence or willful misconduct of Landlord’s sole cost , its agents, employees, and expenseother representatives, in which case Landlord shall be solely responsible therefor and shall indemnify Tenant and its officers, employees, directors, owners, subsidiaries and affiliates (“Tenant Party Indemnitees”) from and against, and promptly pay or reimburse the Tenant Party Indemnitees for, any liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys’ and consultants’ fees and expenses) arising out of or caused thereby. These indemnification obligations shall survive the termination or expiration of this Lease.

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. Tenant’s use 8.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) 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 extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermPremises by a Tenant Party, then Tenant shall promptly obtain 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 permits Claims of any kind or nature, including (w) diminution in value of the Premises 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, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, 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 Premises. 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 Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be 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. 8.2. Landlord acknowledges that it is not the intent of this Section 8 to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant's industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from governmental authorities required in connection with the presence of such Hazardous Material at the Premises will be exposed and (c) correct and complete copies of notices of violations of Applicable Laws related to Hazardous Materials (collectively, "Hazardous Materials Documents"). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Tenant Improvements or Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials; . In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord's review into Tenant's Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant's or other tenants' use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 8.3. Tenant represents and warrants to Landlord that Tenant is not, nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (ea) all communications subject to or from Tenant, a material enforcement order issued by any governmental authority or (b) required to take any other Person relating remedial action. 8.4. At any time, and from time to Hazardous Materials Laws or Hazardous Materials Claims with respect time, prior to any portion the expiration of the PremisesTerm, 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, right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. 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 conduct appropriate tests of the Premises in existence prior or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the Commencement Dateacts or omissions of a Tenant Party, andthe cost of which shall be an Operating Expense. Such inspections shall be made only after Landlord provides notice to and receives approval from the relevant regulatory authorities regarding the testing. 8.5. If underground or other storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required by law, under the Applicable Laws. 8.6. Tenant shall promptly report to Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 8.7. Tenant's obligations under this Section 8 shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Section 4. 8.8. As used herein, the term "Hazardous Material" means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any governmental authority.

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 (A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath 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 Building by Tenant in response to any or on behalf of Tenant, its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials Claims or any so Handled shall be known as Tenant's Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant's Hazardous Materials oncustomarily used in the conduct of general administrative and executive office activities (e.g., under copier fluids and cleaning supplies) may be Handled at the Premises without Landlord's prior written consent. Tenant's Hazardous Materials shall be Handled at all times in compliance with the manufacturer's instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or about necessary for Landlord to make full economic use of the Premises or any portion of the Premises in violation Building, which requirements or necessity arises from the Handling of any Tenant's Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence upon, about, above or condition on beneath the Premises or in the vicinity of any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises that materially increase the risk that or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore 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 Building 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 condition existing prior to the Commencement Date introduction of Tenant's Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord's written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have not been remedied in full. Notwithstanding anything to a material adverse long-term or short-term effect on the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or any portion of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby Building. (C) Tenant agrees to remedy any such actual or suspected problem through execute affidavits, representations, and the removal like from time to time at Landlord's request stating Tenant's best knowledge and belief regarding the presence of Hazardous Materials at Landlord’s sole cost and expenseon the Premises.

Hazardous Materials. Tenant’s use of (A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath 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 Building by Tenant in response to any or on behalf of Tenant, its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials Claims or any so Handled shall be known as Tenant’s Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant’s Hazardous Materials oncustomarily used in the conduct of general administrative and executive office activities (e.g., under copier fluids and cleaning supplies) may be Handled at the Premises without Landlord’s prior written consent. Tenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or about necessary for Landlord to make full economic use of the Premises or any portion of the Premises in violation Building, which requirements or necessity arises from the Handling of any Tenant’s Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence upon, about, above or condition on beneath the Premises or in the vicinity of any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises that materially increase the risk that or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore 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 Building 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 condition existing prior to the Commencement Date introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have not been remedied in full. Notwithstanding anything to a material adverse long-term or short-term effect on the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or any portion of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby Building. (C) Tenant agrees to remedy any such actual or suspected problem through execute affidavits, representations, and the removal like from time to time at Landlord’s request stating Tenant’s best knowledge and belief regarding the presence of Hazardous Materials at Landlord’s sole cost and expenseon the Premises.

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. Tenant’s use 5.1.1 It is the sole responsibility of the Premises shall comply with all Hazardous Materials LawsCM@Risk, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected as part of the agreed upon GMP, to have occurred in violation properly remove and dispose of any Hazardous Materials Laws in the Project identified as such in the Contract Documents by Tenant during the Term or if Tenant has received notice of Owner. CM@Risk, upon encountering 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 not identified in the vicinity of any portion of Contract Documents, shall stop Work immediately in the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; affected area 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, notify Owner and, if required by lawany Legal Requirements, Landlord hereby agrees all governmental or quasi-governmental entities with jurisdiction over the Project. Owner has responsibility to remedy any such actual or suspected problem through take the removal necessary measures required to properly remove and dispose of Hazardous Materials at Landlordnot identified in the Contract Documents as being the responsibility of the CM@Risk. 5.1.2 CM@Risk will be entitled, in accordance with the provisions of these General Conditions, to an adjustment in the GMP or Contract Time(s) of performance, or both, to the extent that the CM@Risk’s sole cost costs or time of performance have been adversely and expensematerially impacted by the presence of unforeseen or undisclosed Hazardous Materials. 5.1.3 Owner is not responsible for Hazardous Materials introduced to the Site by CM@Risk, Subcontractors (of any tier) or anyone else for whom the CM@Risk is responsible unless provision of such Hazardous Materials are called for in the Contract Documents. 5.1.4 CM@Risk agrees to indemnify, defend and hold harmless Owner and others under Owner’s control, and the officers, directors, employees and agents of each of them, from and against all claims, losses, liabilities, costs and expenses, including but not limited to attorney’s fees and expenses, arising out of or resulting from CM@Risk’s importation, improper handling, storage, abatement, removal or disposal of any Hazardous Materials by CM@Risk. 5.1.5 Releases of Hazardous Substances. Upon any release of any hazardous substance in connection with the Work, whether relating to a pre-existing condition or acts or omissions of CM@Risk, CM@Risk shall take immediate action reasonably necessary to contain the release and if the hazardous material release is not a CM@Risk release, Owner will pay CM@Risk the reasonable costs incurred by CM@Risk in taking such containment action. Owner may elect to have CM@Risk control and carry out any containment, clean-up, removal and remediation activity needed, provided that if the release is not a CM@Risk release, Owner will be responsible to pay CM@Risk for such CM@Risk containment activities in accordance with Section 10.4 of these General Conditions, including allowance of additional Contract Time thereunder.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project 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 (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises 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 extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProject by a Tenant Party, then Tenant shall promptly obtain Indemnify the Landlord Indemnitees from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, 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 Project. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) 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 Project, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of any occurrence damages, compensation or condition on benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises will and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (I 4) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in Subsection 21.2(111) or (n). For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from Tenant. Landlord may, any governmental authority or any other Person relating to at Landlord’s expense, cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with Applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3. Tenant represents and wan-ants to Landlord that is not nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (a) subject to a material enforcement order issued by any Governmental Authority or (b) required to take any remedial action. 21.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, and except for right to conduct appropriate tests of the Project or 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, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority.

Hazardous Materials. Tenant’s use of the Premises 40.1 Tenant shall comply with all not cause or permit any Hazardous Materials Laws(as hereinafter defined) to be brought upon, except for any items set forth on Exhibit “D”. If any Environmental Activities occur kept or are suspected to have occurred used in or about the Premises, the Building or the Project in violation of any Applicable Laws by Tenant, its agents, employees, contractors or invitees. If Tenant breaches such obligation, or if the presence of 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, a breach 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 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 contamination of the Premises, including copies thereof. Landlord the Building, the Project or any adjacent property, or if contamination of the Premises by Hazardous Materials otherwise occurs during the Term of this Lease or any extension or renewal hereof or holding over hereunder, then Tenant shall have the rightindemnify, save, defend and except for hold Landlord, its agents and contractors harmless from and against any items noted on Exhibit “D” at Tenant’s sole cost and expense all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, Landlord’s reasonable diminution in value of the Premises, the Building, the Project or any portion thereof; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or Project; damages arising from any adverse impact on marketing of space in the Premises, the Building or the Project; and sums paid in settlement of claims, attorneys’ fees, consultants’ fees and costsexperts’ fees) and with counsel chosen by Landlord, to join and participate in, that arise during or after the Term as a party if it so electsresult of such breach or 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 or any cleanup, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials Claimspresent in the air, soil or groundwater above, 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 in, on, under or about the Premises, the Building, the Project or any adjacent property caused or permitted by Tenant results in any contamination of the Premises, the Building, the Project or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, the Building, the Project and any adjacent property to their respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, the Building or the Project. 40.2 Landlord acknowledges that it is not the intent of this Article 40 to prohibit Tenant from operating its business as described in Section 2.9 above. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored according to Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Term Commencement Date which have not been remedied a list identifying each type of Hazardous Material to be present on the Premises and setting forth any and all governmental approvals or permits required in fullconnection with the presence of such Hazardous Material on the Premises (the “Hazardous Materials List”). Notwithstanding anything Tenant shall deliver to Landlord an updated Hazardous Materials List promptly after any material changes to the contrary contained hereintypes or amounts of Hazardous Materials used by Tenant in the Premises. Tenant shall deliver to Landlord true and correct copies of the following documents (hereinafter referred to as the “Documents”) relating to the handling, storage, disposal and emission of Hazardous Materials prior to the Term Commencement Date or, if unavailable at that time, concurrent with the receipt from or submission to any Governmental Authority: permits; approvals; reports and correspondence; storage and management plans; notices of violations of Applicable Laws; plans relating to the installation of any storage tanks to be installed in or under the Premises, the Building or the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion); and all closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on or under the Premises, the Building or the Project for the closure of any such storage tanks. Tenant shall not be required, however, to provide Landlord with any portion of the Documents containing information of a proprietary nature that, in no and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Upon Landlord’s written request, Tenant agrees that it shall enter into a reasonable written agreement with other tenants of the Building and the Project concerning the equitable allocation of fire control areas (as defined in the Uniform Building Code as adopted by the city or municipality(ies) in which the Project is located (the “UBC”)) within the Building and the Project for the storage of Hazardous Materials. In the event shall that Tenant’s use of Hazardous Materials is such that it utilizes fire control areas in the Building or the Project in excess of Tenant’s Pro Rata Share of the Building or the Project, as applicable, as set forth in Section 2.2, Tenant be responsible for conditions agrees that it shall, at its sole cost and expense and upon Landlord’s written request, establish and maintain a separate area of the Premises classified by the UBC as an “H” occupancy area for the use and storage of Hazardous Materials or take such other action as is necessary to ensure that its share of the fire control areas of the Building and the Project is not greater than Tenant’s Pro Rata Share of the Building or the Project, as applicable. 40.3 Notwithstanding the provisions of Section 40.1 above, if Tenant (a) has been required by any prior landlord, Lender or Governmental Authority to take remedial action in existence connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question, or (b) is subject to an enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any such matter involving Tenant) at any time within one hundred eighty (180) days after the date Landlord actually becomes aware of such requirement or order, as applicable; provided, however, that unless such property is the Property, this Section 40.3 shall not apply to any assignee of Tenant that (x) purchases all or substantially all of the assets of Tenant, and (y) has a net worth of at least $100,000,000. 40.4 Notwithstanding the provisions of Section 40.1 above, if any proposed transferee, assignee or sublessee of Tenant (a) has been required by any prior landlord, Lender or Governmental Authority to take remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question, or (b) is subject to an enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials, then it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving such proposed transferee, assignee or sublessee); provided, however, that this Section 40.4 shall not apply in the case of any assignment of this Lease by Tenant to any assignee that (x) purchases all or substantially all of the assets of Tenant, and (y) has a net worth of at least $100,000,000. 40.5 At any time, and from time to time, prior to the Commencement Date, andexpiration of the Term, if required by lawLandlord has a reasonable basis to believe that Tenant has violated this Article 40, Landlord hereby agrees shall have the right to remedy conduct appropriate tests of the Premises, the Building and the Project to demonstrate that Hazardous Materials are present or that contamination has occurred due to Tenant or Tenant’s agents, employees or invitees. Tenant shall pay all reasonable costs of such tests of the Premises if a violation by Tenant is found to have occurred. 40.6 If underground or other storage tanks storing Hazardous Materials are located on the Premises or are hereafter placed on the Premises by any party, Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. 40.7 Tenant’s obligations under this Article 40 shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such actual Hazardous Materials, Tenant shall continue to pay Rent in accordance with this Lease, which Rent shall be prorated daily. 40.8 As used herein, the term “Hazardous Material” means any hazardous or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensetoxic substance, material or waste that is or becomes regulated by any Governmental Authority.

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 Notwithstanding anything contained herein to the contrary: A. Tenant covenants and agrees that it shall not cause, conduct, authorize or allow (i) the presence, generation, transportation, storage, treatment, or usage at the Premises, or any portion thereof, of any Hazardous Material in violation of or as would give rise to liability under Environmental Laws; (ii) a Release or threat of Release of any Hazardous Material on, under, about or in the Premises; or (iii) any violation of or liability under any Environmental Law at or with respect to the Premises or activities conducted thereon. For avoidance of doubt, nothing in this Section 271.A shall prohibit Tenant from using at the Premises (I) cleaning materials, pesticides, and other common household and office products, and/or (II) materials in connection with any fuel tanks, generators or the like on the Premises, solely to the extent, with respect to each of the preceding clauses (I) and (II), that any such use thereof is in compliance with Environmental Laws. B. Tenant shall, at its own cost, comply and ensure that the Premises shall and all operations and activities at the Premises comply with all Environmental Laws and the terms of this Lease with respect to Hazardous Materials. Tenant shall, at its own cost, obtain all permits, licenses and authorizations required under Environmental Laws for the operations and activities conducted at the Premises. C. Tenant shall promptly provide Landlord with written notice of any actual or potential violation of Environmental Laws, any Release of Hazardous Materials Lawsin or around any Site that could impact the Premises or require any investigation, except remediation or other response action under Environmental Law, and any claim or threat of a claim asserting any liability under Environmental Laws relating to the Premises, and copies of all reports, site assessments, and material communications, permits or agreements to, from or with any governmental authority or other third party relating to such violation, Release or claim; and D. Landlord and Landlord’s Representatives, including such environmental consultants as Landlord may designate, shall have the right upon reasonable prior notice, and subject to Section 14 hereof, to enter any Site and/or conduct appropriate tests and investigations for the purpose of assessing the condition of any items set forth on Exhibit “D”. such Site or ascertaining that Tenant complies with the terms of this Lease and with all applicable Environmental Laws that relate in any way to any such Site. E. If the presence, Release, threat of Release, presence or placement on, in or around any Environmental Activities occur Site, or are suspected to have occurred in violation the generation, transportation, storage, use, treatment, or disposal at or around any Site of any Hazardous Materials Laws Material 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, Tenant’s acts Representatives, or omissions during by any third party other than Landlord or Landlord’s Representatives: (i) gives rise to liability or obligation (including, but not limited to, any investigatory, remedial, removal, reporting, or other response action) under any Environmental Law, (ii) causes or threatens to cause a material and adverse effect on public health or occupational safety and health, (iii) pollutes or threatens to pollute the Termenvironment, or endanger human health, or (iv) otherwise violates Environmental Law, Tenant shall promptly obtain take any and all permits remedial and approvals removal actions required by Environmental Laws or otherwise necessary to remedy clean up any such actual or suspected problem through Site to comply with all environmental standards applicable to any such Site given its use at the removal of Hazardous Materials or otherwise, and upon Landlord’s approval time of the remediation plan, remedy any such problem and mitigate exposure to liability arising from the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Material. F. Tenant shall immediately advise promptly notify Landlord in writing upon Tenant becoming aware of: (ai) any Environmental Activities in violation enforcement action, investigation, cleanup, notice of violation, or other regulatory action taken or threatened against either party or otherwise related to the Premises by any governmental authority with respect to the presence of any Hazardous Materials Material at any Site, or the migration thereof from or to other property, (ii) any demands or claims made or threatened by any governmental authority or other person against either party hereto or otherwise relating to any actual or alleged violation of or liability under Environmental Laws or relating to any loss or injury resulting from any Hazardous Material or based on Environmental Laws; , (biii) any Release of Hazardous Materials, unlawful discharge, or non-routine, improper or unlawful disposal or transportation of any Hazardous Material on or from any Site, and (iv) any matters where Tenant is required by Environmental Law to give a notice to any governmental authority respecting 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 in, at, on, under or about any portion Site, and Tenant shall thereafter keep Landlord reasonably apprised with respect to the status and Tenant’s actions to resolve such matters, and shall furnish Landlord with such other documents and information as Landlord may reasonably request with respect thereto. At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any Hazardous Material then actually known by Tenant to be used, stored, or maintained in, on or upon the Premises. In such case, Tenant shall if requested by Landlord provide Landlord with information with respect to the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet issued by the manufacturer therefor, written information concerning the removal, transportation, and disposal of the Premises same, and such other information as the Landlord may reasonably require or as may be required by Environmental Laws. G. Tenant shall indemnify, defend and hold Landlord and the Landlord Indemnified Parties harmless, in violation the manner specified in Section 20, from and against any and all liability, claim, expense, cause of action, fines, judgments, settlements, investigation, monitoring and remediation costs, penalties, losses and damages (including reasonable attorney’s, consultant’s and contractor’s fees) resulting or arising from (i) the breach by Tenant of its covenants and agreements set forth in this Section 27, (ii) the presence, Release, placement on, in or around the Premises, or the generation, transportation, storage, use, treatment or disposal at or around any Site of any Hazardous Materials Laws; before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’s Representatives, (diii) Tenantany violation of or obligation under Environmental Law before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’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; Representatives, and (eiv) all communications to claims by governmental authorities or from Tenant, any governmental authority other third parties associated with Hazardous Materials or violations of or obligations under Environmental Laws by Tenant or any third party other Person relating to Hazardous Materials Laws than Landlord or Landlord’s Representatives, or Hazardous Materials Claims with respect to present at, on, under or about any portion of Site before or during the PremisesTerm and any Renewal Term, including copies thereof. Landlord shall have the rightas applicable, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees limitation those that were discovered during the Term and costs) and with counsel chosen by Landlord, to join and participate inany Renewal Term, as a party if it so electsapplicable, 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 which were caused prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinTerm by Tenant or its agents, representatives, employees, contractors, subcontractors, licensees or invitees or any third party other than Landlord or Landlord’s Representatives; provided, however, in no event shall Tenant be responsible for conditions Tenant’s indemnity obligations hereunder apply to any violations of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual Environmental Laws or suspected problem through the removal Releases of Hazardous Materials at caused by the gross negligence or willful misconduct of Landlord or Landlord’s sole cost and expenseRepresentatives. The foregoing indemnity obligations shall survive the expiration or earlier termination of this Lease.

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 is safe and lawful, and Landlord shall bear all reasonable expenses and costs incurred by Tenant for temporarily moving from the Premises while such removal and treatment work are done. (b) Tenant hereby agrees to indemnify and defend (with counsel reasonably approved by Landlord) Landlord of, from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any Hazardous Materials Laws; and every kind whatsoever (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 court costs and attorneys’ fees and costsat all tribunal levels) and which may be paid, incurred or suffered by, or asserted against Landlord for, with counsel chosen by Landlordrespect to, to join and participate in, or as a party if it so elects, direct result of any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to breach by 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 provisions 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, this Paragraph Landlord hereby agrees to remedy indemnify and defend (with counsel reasonably approved by Tenant) Tenant of, from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including without limitation, court costs and attorneys’ fees at all tribunal levels) which may be paid, incurred or suffered by, or asserted against Tenant for, with respect to, or as a direct result of any breach by Landlord of the provisions of this Paragraph. (c) For purposes of this Lease, “Hazardous Material” means and includes any hazardous or toxic substance, pollutant, contaminant, gas, or petroleum product defined as such actual in (or suspected problem through for purposes of) the removal Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Toxic Substances Control Act, as amended, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, or any other hazardous or toxic, waste, substance or material, gas or petroleum product, and “Applicable Laws” shall mean the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Toxic Substances Control Act, as amended, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous or toxic waste, substance or material, as now or at any time hereafter in effect, or any other hazardous or toxic waste, substance or material, gas or petroleum product. (d) Tenant shall provide Landlord with a list of any and all Hazardous Materials at released, discharged, placed, held, or disposed of on the Premises by the Tenant or actually known to Tenant, where such release, discharge, placement, holding, or disposal is in violation of this Section 7, within ten days of a request for the list by Landlord’s sole cost . Landlord shall provide Tenant with a list of any and expenseall Hazardous Materials released, discharged, placed, held, or disposed of on the Premises by the Landlord or actually known to Landlord, where such release, discharge, placement, holding, or disposal is in violation of this Section 7, within ten days of a request for the list by Tenant.

Hazardous Materials. Tenant’s use of the Premises shall comply (i) Except in full compliance with all Applicable Law there are no Hazardous Materials Lawspresent at, except for upon, under or within the Leased Property or released or transported to or from the Leased Property. (ii) No Governmental Actions have been taken, or are in process or have been threatened, which could reasonably be expected to subject the Leased Property, the Lender or the Lessor to any items set forth on Exhibit “D”. If Claims or Liens under any Environmental Activities occur Law which would have a materially adverse effect on the Lessor, the Lender or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant Leased Property. (iii) The Lessee 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 Environmental Permits necessary to remedy any such actual or suspected problem through operate 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, Leased Property in accordance with all Hazardous Materials Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits. (iv) With respect to the TermLeased Property, Tenant shall immediately advise Landlord in writing of: (a) no notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, and no penalty has been assessed on the Lessee and no investigation or review is pending or threatened by any Governmental Authority or other Person with respect to any alleged violation or liability of the Lessee under any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Law. No material notice, notification, demand, request for information, citation, summons, complaint or any portion of the Premises; (c) any remedial action taken by Tenant in response order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or threatened by any Hazardous Materials on, under Governmental Authority 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 the Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) The Leased Property and each portion of the Premises, including copies thereof. Landlord shall have the rightthereof are presently in compliance with all Environmental Laws, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense there are no present or past facts, circumstances, activities, events, conditions or occurrences regarding the Leased Property (including, without limitation, Landlord’s reasonable attorneys’ fees and coststhe release or presence of Hazardous Materials) and with counsel chosen by Landlordthat could reasonably be anticipated to (A) form the basis of a Claim against the Leased Property, the Lender, the Lender or the Lessee, (B) cause the Leased Property to join and participate inbe subject to any restrictions on ownership, as a party if it so electsoccupancy, use or transferability under any legal proceedings Environmental Law, (C) require the filing or actions initiated in connection with recording of any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims notice or causes of action arising out or restriction 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 Landlord’s sole cost in the real estate records in the county or other appropriate municipality in which the Leased Property is located or (D) prevent or interfere with the continued operation and expensemaintenance of the Leased Property as contemplated by the Operative Documents.

Hazardous Materials. Tenant’s use (i) To the best knowledge of the Premises shall comply Lessee, except as described in the related Environmental Audit, on the Closing Date for each Leased Property, there are no Hazardous Materials present at, upon, under or within such Leased Property or released or transported to or from such Leased Property (except in compliance in all material respects with all Hazardous Materials LawsApplicable Law). (ii) On the related Closing Date, except for no Governmental Actions have been taken or, to the best knowledge of the Lessee, are in process or have been threatened, which could reasonably be expected to subject such Leased Property, any items set forth on Exhibit “D”. If Lender or the Lessor with respect to such Leased Property to any Claims or Liens under any Environmental Activities occur Law which would have a Material Adverse Effect, or are suspected to would have occurred in violation of a materially adverse effect on the Lessor or any Hazardous Materials Laws Lender. (iii) The Lessee has, or will obtain on or before the date required 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 TermApplicable Law, Tenant shall promptly obtain all permits and approvals Environmental Permits necessary to remedy any operate 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, Leased Property in accordance with all Hazardous Materials Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits, except to the Term, Tenant shall immediately advise Landlord extent the failure to obtain such Environmental Permits or to so comply would not have a Material Adverse Effect. (iv) Except as set forth in the related Environmental Audit or in any notice subsequently furnished by the Lessee to the Agent and approved by the Agent in writing of: (a) prior to the respective times that the representations and warranties contained herein are made or deemed made hereunder, no notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, no penalty has been assessed on the Lessee and no investigation or review is pending or, to its best knowledge, threatened by any Governmental Authority or other Person in each case relating to the Leased Property with respect to any alleged material violation or liability of the Lessee under any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Law. To the best knowledge of the Premises; (c) any remedial action taken by Tenant in response Lessee, no material notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or threatened by any Hazardous Materials on, under Governmental Authority 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 such Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) Such Leased Property and each portion thereof are presently in compliance in all material respects with all Environmental Laws, and, to the best knowledge 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 knowledgeLessee, there are not pending claims no present or causes past facts, circumstances, activities, events, conditions or occurrences regarding such Leased Property (including without limitation the release or presence of action arising out Hazardous Materials) that could reasonably be anticipated to (A) form the basis of a material Claim against such Leased Property, any Funding Party or the Lessee, (B) cause such Leased Property to be subject to any material restrictions on ownership, occupancy, use or transferability under any Environmental Law, (C) require the filing or recording of any notice or restriction 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 Landlord’s sole cost in the real estate records in the county or other appropriate municipality in which such Leased Property is located, or (D) prevent or materially interfere with the continued operation and expensemaintenance of such Leased Property as contemplated by the Operative Documents.

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 The Borrower Parties shall, and shall cause each of the Premises shall comply Macerich Core Entities to, do the following: (1) Keep and maintain all Designated Environmental Properties in material compliance with all any Hazardous Materials LawsLaws unless the failure to so comply would not be reasonably expected to result in a material adverse effect to such Designated Environmental Property or the owner thereof. (2) Promptly cause the removal of any Hazardous Materials discharged, except for disposed of, or otherwise released in, on or under any items set forth on Exhibit “D”. If any Designated Environmental Activities occur or Properties that are suspected to have occurred in violation of any Hazardous Materials Laws and which would be reasonably expected to result in a material adverse effect to such Designated Environmental Property or the owner thereof, and cause any remediation required by Tenant during any Hazardous Material Laws or Governmental Authority to be performed, though no such action shall be required if any action is subject to a good faith contest. In the Term course of carrying out such actions, the Borrower shall provide the Administrative Agent with such periodic information and notices regarding the status of investigation, removal, and remediation, as the Administrative Agent may reasonably require. (3) Promptly advise the Administrative Agent, the Issuing Lender and each Lender in writing of any of the following: (i) any Hazardous Material Claims known to the Borrower which would be reasonably expected to result in a material adverse effect to an Environmental Property or if Tenant has received the owner thereof; (ii) the receipt of any 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 alleged violation of Hazardous Materials or otherwiseLaws with respect to an Environmental Property (and the Borrower shall promptly provide the Administrative Agent, the Issuing Lender and upon Landlord’s approval Lenders with a copy of such notice of violation), provided that such alleged violation, if true (and if any release 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 alleged therein were not promptly remediated), would result in a breach of subsections (1) or (2) above; and good business practices. During (iii) 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 Designated Environmental Properties 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 could cause such Designated Environmental Properties or any other Person relating part thereof to Hazardous Materials Laws or Hazardous Materials Claims with respect to be in violation of clauses (1) or, if not promptly remediated, (2) above. If the Administrative Agent, the Issuing Lender and/or any portion of the Premises, including copies thereof. Landlord Lender 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, be joined in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents , each Borrower Party shall indemnify, defend, and warrants hold harmless such Person with respect to Tenant that: any liabilities and out-of-pocket expenses arising with respect thereto, including reasonable attorneys’ fees and disbursements. (i4) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as Comply with each of the Commencement Date; covenants set forth in subsections (1), (2) and (ii3) of this Section 7.9 with respect 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 all other Properties of the Premises Borrower and Macerich Core Entities unless the failure to so comply would not reasonably be expected to result 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 expensea Material Adverse Effect.

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 (A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath 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 Building by Tenant in response to any or on behalf of Tenant, its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials Claims or any so Handled shall be known as Tenant's Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant's Hazardous Materials oncustomarily used in the conduct of general administrative and executive office activities (e.g., under copier fluids and cleaning supplies only) may be Handled at the Premises without Landlord's prior written consent. Tenant's Hazardous Materials shall be Handled at all times in compliance with the manufacturer's instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or about necessary for Landlord to make full economic use of the Premises or any portion of the Premises in violation Building, which requirements or necessity arises from the Handling of any Tenant's Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence upon, about, above or condition on beneath the Premises or in the vicinity of any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises that materially increase the risk that or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore 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 Building 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 condition existing prior to the Commencement Date introduction of Tenant's Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord's written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have not been remedied in full. Notwithstanding anything to a material adverse long-term or short-term effect on the contrary contained hereinPremises, in no event shall Tenant be responsible for conditions any portion of the Premises in existence prior to Building or any other tenants of the Commencement Date, and, if required by law, Landlord hereby Building. (C) Tenant agrees to remedy any such actual or suspected problem through execute affidavits, representations, and the removal like from time to time at Landlord's request stating Tenant's best knowledge and belief regarding the presence of Hazardous Materials at Landlord’s sole cost and expenseon the Premises.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any of its employees, agents, contractors and invitees (collectively with Tenant’s use , each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials Laws, except for any items set forth from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on Exhibit “D”. If any Environmental Activities occur or under or are suspected released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to have occurred Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims, including (w) diminution in violation value of the Premises 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, (y) without duplicating damages under (w) and (x), damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on or under or about the Premises (collectively, “Investigation and Remediation Costs”). 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 the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property; provided, that Landlord will not withhold its consent if such action is mandated by Applicable Laws. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims (including Investigation and Remediation Costs) resulting from the presence of Hazardous Materials at the Premises in violation of any Applicable Laws as of the Execution Date, unless placed at the Premises by a Tenant Party, or the migration of Hazardous Materials Laws; (d) from the Premises to any adjacent property in violation of Applicable Laws prior to the Execution Date, unless caused by a Tenant Party. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s discovery industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that is subject to regulation under any environmental Applicable Laws, (b) a list of any occurrence and all approvals or condition on permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be installed in, on, under or about the Premises (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the vicinity Premises for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents (l) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Premises, (m) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31 of each year, and (n) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant’s business that materially involve any material increase in the risk that types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any portion Hazardous Materials Documents containing information of the Premises will be exposed a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; . Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. 21.3. Notwithstanding the provisions of Sections 21.1 or 21.2, if (ea) all communications to or from Tenant, any governmental authority Tenant or any other Person relating proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question and such party has failed to timely commence such remedial action and prosecute the same to completion in accordance with its contractual requirements and Applicable Laws or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials Claims and is not complying with such order, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any portion such matter involving Tenant), and it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4. At any time, and from time to time, prior to the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for right to conduct appropriate tests of the Premises or 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, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority or under any Applicable Law.

Hazardous Materials. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary commercially available products which contain Hazardous Materials; provided, that (i) such products are ordinarily and customarily used in the ordinary course of first-class business offices, and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises shall comply Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss or damage to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all Hazardous Materials Lawsapplicable Requirements, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected and (iii) 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 indemnify, defend and hold Landlord harmless from and against any portion claims, suits, causes of the Premises as a result of Tenant’s acts or omissions during the Termaction, Tenant shall promptly obtain all permits costs and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisefees, 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, attorneys’ fees, to the extent arising from or connected with any such contamination, claim of contamination, loss or damage. On the Commencement Date Landlord’s reasonable attorneys’ fees Work shall be delivered to Tenant free 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 clear of any Hazardous Materials ClaimsMaterials. As of the Effective Date, Land▇▇▇▇ ▇▇▇ not received written notice that the Premises is in violation of any applicable Requirements. Landlord represents and warrants agrees that if Hazardous Materials subsequently are discovered 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 have been in the Premises as of the Commencement Date; , and (ii) as of such date such substances or materials were deemed pursuant to Landlord’s knowledge, no Environmental Activities in violation of any applicable Requirements to constitute Hazardous Materials Laws have occurred prior (“Pre-Existing Hazardous Materials”), then Landlord shall be responsible for the removal thereof in accordance with then-current industry customs and practices and if, as and to the Commencement Date which have extent required by applicable Requirements. If Landlord is required to remove or remediate any Pre-Existing Hazardous Materials, and such removal or remediation reasonably results in Tenant not been remedied being able to use all or any material portion of the Premises for the Permitted Use for a period of seven (7) consecutive days after Land▇▇▇▇’▇ receipt of written notice from Tenant of such Pre-Existing Hazardous Materials, then provided that Tenant actually ceases using all or such material portion of the Premises for the Permitted Use, then, as the sole and exclusive remedy of Tenant on account thereof, the Base Rent and other Rent amounts payable hereunder shall thereafter be equitably abated until the date that Landlord has removed or remediated the Pre-Existing Hazardous Materials in fullaccordance with all applicable Requirements. Notwithstanding anything to the contrary contained hereinforegoing, in no event shall Landlord have any responsibilities, liabilities, or obligations, and Tenant shall not be responsible for conditions entitled to any abatement of Rent, with respect to Hazardous Materials which may be released, used, disturbed, exposed, exacerbated or disposed of by Tenant or any of its employees, agents, contractors or subtenants. For purposes of this Section 5.7, the term “material portion of the Premises Premises” shall mean at least 2,000 rentable square feet of the Premises. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in existence prior any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable law for and with respect to the Commencement Dateforegoing. The terms of this Section 5.7 shall apply to any transportation, andhandling, if required by lawstorage, Landlord hereby agrees to remedy any such actual use or suspected problem through the removal disposal of Hazardous Materials at irrespective of whether Tenant has obtained Landlord’s sole cost and expenseconsent therefor.

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 upon the Demised Premises and to inspect same for the presence of Hazardous Materials and for Tenant's compliance with all Hazardous Materials Laws. A. Landlord represents and warrants that any handling, transportation, storage, treatment or usage of Hazardous Materials that has occurred in the Building and/or in, on, or under the Land was in compliance with all applicable federal, state and local laws, regulations and ordinances. Landlord further represents and warrants that no leak, spill, discharge, emission or disposal of Hazardous Materials has occurred in the Building and/or in, on, or under the Land and that the soil, groundwater and soil vapor in the Building and/or on or under the Land is, or will be, free of Hazardous Materials as a party if it so electsof the date hereof. Landlord agrees to indemnify, defend and hold Tenant and its officers, partners, directors, shareholders, Affiliates, employees and agents harmless from any legal proceedings claims, judgments, damages, fines, penalties, costs (including reasonable attorney, consultant and expert fees), liabilities (including sums paid in settlement of claims) or actions initiated loss which arise during or after the Lease term or any thereof, in connection with the presence of Hazardous Materials in the soil, groundwater, or soil vapor in, on or under the Building and/or the Land, unless such Hazardous Materials are present as the result of the acts of Tenant, its officers, employees or agents. Without limiting the generality of the foregoing, this indemnification shall survive the expiration of this Lease and does specifically cover costs incurred in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeinvestigation of site conditions or any cleanup, there are not pending claims remedial, removal or causes of action arising out restoration work required by any federal, state or relating to the Facility local governmental agency or the Premises as political subdivision because 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 expensein the soil, groundwater or soil vapor in, on or under the Building and/or the Land, unless the Hazardous Materials are present as the result of the acts of Tenant, its officers, agents or employees. Without limiting the generality of the foregoing, this indemnification shall also specifically cover costs in connection with: 1. Hazardous Materials present or suspected to be present in the soil, ground water or soil vapor in, on or under the Building and/or the Land before the date hereof; or 2. Hazardous Materials that migrate, flow, percolate, diffuse or in any way move into, onto or under the Building and/or on the Land after date hereof; or 3. Hazardous Materials present in, on or under the Building and/or the Land as a result of any discharge, dumping, spilling (accidental or otherwise) onto or into the Building and/or the Land during or after the Lease term or any extension thereof by any person or entity.

Hazardous Materials. 20.1. 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 by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). Notwithstanding the foregoing, Tenant may keep, store and use upon the Premises de minimus amounts of typical cleaning and office supplies that constitute Hazardous Materials, provided that such cleaning and office supplies are kept, stored, used, maintained and disposed of in accordance with all Applicable Laws and manufacturer’s use instructions and further provided that Tenant may not discharge or dispose of any such Hazardous Materials in any drains in the Building. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Property, any portion thereof, or any adjacent property, (c) contamination of the Premises 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 extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Property occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProperty by a Tenant Party, then Tenant shall promptly obtain 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 permits Claims of any kind or nature, including (w) diminution in value of the Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property, (y) damages arising from any adverse impact on marketing of space in the Property or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, 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 Property. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Property, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Property, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Property, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Property, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. 20.2. At any occurrence or condition on or in time, and from time to time, prior to the vicinity of any portion expiration 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 TenantTerm, 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 appropriate tests of the Property or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Property in violation of this Lease. 20.3. Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises. 20.4. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials, Tenant shall be deemed a holdover tenant and subject to the provisions of Article 26. 20.5. As used herein, the term “Hazardous Material” means (a) any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costsb) 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“chemotherapeutic waste”, there are not pending claims “infectious waste” or causes of action arising out “medical waste” as may now or relating to the Facility hereafter be defined by any future law, statute, order, ordinance or the Premises as of the Commencement Date; and regulation, (ii) to Landlord’s knowledge“radioactive waste” as may now or hereafter be defined by any future law, no Environmental Activities in violation of any Hazardous Materials Laws have occurred statute, order, ordinance or regulation, (iii) human corpses, remains and anatomical parts that are donated and used for scientific or medical education, research or treatment, (iv) body fluids or biologicals which are being stored at a laboratory prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinlaboratory testing, 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/or (v) similar laboratory wastes and expensematerials.

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’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. 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 all Hazardous Materials Tenant causes to be present in, on, under or about the Demised Premises. Tenant will not take any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected remedial action in response to have occurred in violation the presence of any Hazardous Materials Laws by Tenant during in, on, under or about the Term Demised Premises, nor enter into any settlement agreement, consent decree or if Tenant has received notice of other compromise with respect to any Claims relating to or in any way connected with Hazardous Materials Claim against any portion of in, on, under or about the Premises as a result Demised Premises, without first notifying Landlord of Tenant’s acts or omissions during intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the TermDemised Premises. Section 14.2 Tenant will notify Landlord of any of the following actions affecting Landlord, Tenant shall promptly obtain all permits and approvals necessary or the Demised Premises that result from or in any way relate to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordTenant’s approval use of the remediation plan, remedy any such problem to Demised Premises immediately after receiving notice of 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 ofsame: (a) any Environmental Activities in violation of enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened under any Hazardous Materials LawsLaw; (b) any Claim made or threatened by any person relating to damage, contribution, liability, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials Claims against Material; and (c) any reports made by any person, including Tenant, to any environmental agency relating to any Hazardous Material, including any complaints, notices warnings or asserted violations. Tenant will also deliver to Landlord, as promptly as possible and in any event within five (5) Business Days after Tenant first receives or sends the same, copies of all Claims, reports, complaints, notices warnings or asserted violations relating in any portion way to the Premises or Tenant’s use of the Premises. Upon Landlord’s written request, Tenant will promptly deliver to Landlord documentation acceptable to Landlord reflecting the legal and proper disposal of all Hazardous Materials removed or to be removed from the Premises. All such documentation will list Tenant or its agent as a responsible party and will not attribute responsibility for any such Hazardous Materials to Landlord or to the manager of the Demised Premises. Section 14.3 Tenant acknowledges and agrees that all reporting and warning obligations required under Hazardous Materials Laws resulting from or in any way relating to Tenant’s use of the Premises or Demised Premises are Tenant’s sole responsibility, regardless whether the Hazardous Materials Laws permit or require Landlord to report or warn. Section 14.4 Tenant will release, indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord and any Mortgagee 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 Hazardous Materials in, on, under, upon or from the Demised Premises (including water tables and atmosphere) resulting from or in any way related to tenant’s occupancy and use of the Premises or Demised Premises, or as a result of the acts, actions, or omissions of any third party. Tenant’s obligations under this section include, without limitation and whether foreseeable or unforeseeable, (a) the costs of any required or necessary repair, clean-up, detoxification or decontamination of the Demised Premises; (b) the costs of implementing any closure, remediation or other required action in connection therewith as stated above; (c) the value of any remedial loss of use and any diminution in value of the Demised Premises; and (d) consultants’ fees, experts’ fees and response costs. Section 14.5 Removal or remediation of Hazardous Materials from the Demised Premises shall be completed to the reasonable satisfaction of a third party environmental expert reasonably satisfactory to Landlord and Tenant. In the event (i) Hazardous Materials are discovered upon the Premises, and (ii) Landlord has been given written notice of the discovery of such Hazardous Materials, and (iii) neither Landlord nor Tenant is obligated under this Lease to pay the cost of compliance with Hazardous Materials Laws with respect to such Hazardous Materials, then and in that event Landlord may voluntarily, but shall not be obligated to, agree with Tenant to take all action taken by necessary to bring the Demised Premises into compliance with Hazardous Materials Laws at Landlord’s sole cost and expense. In the event Landlord fails to notify Tenant in response to any writing with thirty (30) days after the date Landlord receives written notice of the discovery of such Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of that Landlord intends to voluntarily take such action as is necessary to bring the Premises in violation of any into compliance with Hazardous Materials Laws; , Tenant may (di) Tenant’s discovery of any occurrence or condition on or in bring the vicinity of any portion of the Demised 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 into compliance with 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 provided such Hazardous Materials Laws have occurred prior to endanger persons or property in, on or about 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 Premises or Demised Premises or significantly interfere with Tenant’s use of the Premises in existence prior Demised Premises, terminate this Lease on a date not less than ninety (90) days following the date of Tenant’s written notice to the Commencement Date, and, if required by law, Landlord hereby agrees of its intent to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseterminate this Lease.

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 Lawsin, on, under or about the Property, any portion thereof or any adjacent property caused by any Tenant Party results in any contamination of the Property, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Property, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination, as and to the extent required by an independent third party state-certified professional with appropriate expertise in such Hazardous Materials cleanup and who is reasonably acceptable to Landlord; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Property, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section 5.4 shall not be affected, reduced or limited by any limitation on the amount or type of any occurrence damages, compensation or condition on benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. (b) Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with applicable Laws and Environmental Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (i) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any Environmental Laws, (ii) a list of any and all approvals or permits from governmental authorities required in connection with the risk that any portion presence of such Hazardous Material at the Premises will and (iii) correct and complete copies of (x) notices of violations of applicable Laws related to Hazardous Materials and (y) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Property (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all governmental authorities for any storage tanks installed in, on, under or about the Property for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless there are any changes to the Hazardous Materials Documents or Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section 5.4 to the contrary, Tenant shall not be required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from . Landlord may, at Tenant’s expense, any governmental authority or any other Person relating to cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates Tenant’s non-compliance with this Lease or applicable Laws (including without limitation any failure by Tenant to cause the Tenant Parties to comply with the requirements of this Lease), including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or a Tenant Party’s or Parties’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. (c) At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the rightright to conduct appropriate tests of the Property or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Property in violation of Tenant’s obligations under this Lease. (d) If storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any storage tanks, and except take or cause to be taken all other steps necessary or required under the applicable Laws. Tenant shall have no responsibility or liability for any items noted on Exhibit “D” at storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in which case Tenant’s sole cost and expense responsibility for such tanks shall be as set forth in this Section 5.4. (including, without limitation, Landlorde) Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises. (f) Tenant’s reasonable attorneys’ fees and costs) and with counsel chosen obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Landlord, Tenant or Landlord after the termination of this Lease to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with complete the removal from the Premises of any Hazardous Materials Claims. that are Tenant’s responsibility hereunder, Tenant shall be deemed a holdover tenant and subject to the provisions of Section 12.1. (g) Landlord represents that, to the best of its knowledge, Landlord has not received written notice of the presence within the Building and warrants to Tenant that: Premises of any Hazardous Materials in violation of applicable Environmental Laws. In the event that (i) any unlawful levels or concentrations of Hazardous Materials are found to Landlord’s knowledgeexist in the Premises, 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) applicable laws and regulations require that the same be removed or remediated in order for the Premises to Landlord’s knowledgebe used for the Permitted Use, no Environmental Activities in violation of any and (iii) such Hazardous Materials Laws have occurred prior to the Commencement Date which have were not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of brought into or onto the Premises in existence prior to the Commencement Dateor released or otherwise introduced by Tenant or by a Tenant Party or Parties, and, if required by lawthen as between Landlord and Tenant, Landlord hereby agrees to remedy undertake such action as may be required by such applicable law or regulation. Nothing herein shall limit Landlord’s right to pursue any third party or parties (and Tenant shall reasonably cooperate with Landlord in such actual effort) or suspected problem through to contest by any lawful means the removal of Hazardous Materials at Landlord’s sole cost and expenseor remediation requirement or to seek a stay or delay in any enforcement action.

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. Tenant’s The Borrower and its Subsidiary Entities have caused Phase I and the other environmental assessments as set forth in Schedule 4.15 to be conducted or have taken other steps to investigate the past and present environmental condition and use of the Premises shall comply with all Hazardous Materials LawsMortgaged Property. Based on such investigation, except as otherwise disclosed in the assessments listed on Schedule 4.15: (1) during the period of ownership of any Mortgaged Property by any Operating Company Entity, such Mortgaged Property (or any portion thereof) has not been used for the purpose of, or in any items set forth on Exhibit “D”. If any Environmental Activities occur way involving, the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping or are suspected to have occurred in violation disposal of any Hazardous Materials Laws by Tenant during on, under, in or about the Term Mortgaged Property, or if Tenant has received notice of transporting any Hazardous Materials Claim against any portion of to, from or across the Premises as a result of Tenant’s acts or omissions during the TermMortgaged Property, Tenant shall promptly obtain except in 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, cases in accordance material compliance with all Hazardous Materials Laws and only in the course of legitimate business operations at the Mortgaged Property, and to the Borrower’s Knowledge, (a) no such use occurred at any time prior to the period of ownership of such Mortgaged Property by any Operating Company Entity, and (b) no such use has occurred on any property adjacent to such Mortgaged Property at any time prior to the date hereof; (2) the Operating Company Entities have obtained all material environmental, health and safety permits and licenses necessary for their respective operations, and all such permits are in good business practices. During standing and the Termholder of each such permit is currently in compliance with all terms and conditions of such permits; (3) none of the Mortgaged Property is listed or proposed for listing on the National Priorities List (“NPL”) pursuant to CERCLA or on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar applicable state list of sites requiring remedial action under any Hazardous Materials Laws; (3) none of the Operating Company Entities has sent or directly arranged for the transport of any hazardous waste to any site listed or proposed for listing on the NPL, Tenant shall immediately advise Landlord CERCLIS or any similar state list; and (4) to the Borrower’s Knowledge, there is not now on or in writing ofany Mortgaged Property: (a) any Environmental Activities landfill or surface impoundment; (b) any underground storage tanks; (c) any asbestos-containing material; or (d) any polychlorinated biphenyls (PCB), which in the case of any of clauses (a) through (d) could reasonably result in a violation of any Hazardous Materials Laws; . Except as set forth in the environmental reports and studies delivered to the Administrative Agent prior to the date hereof, (bi) any to Borrower’s Knowledge, no Hazardous Materials Claims against Tenant are presently constructed, deposited, stored, or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials otherwise located on, under under, in or about any portion of the Premises Mortgaged Property except in violation of any material compliance with Hazardous Materials Laws; (dii) Tenantto Borrower’s discovery Knowledge, no Hazardous Materials have migrated from the Mortgaged Property upon or beneath other properties which would reasonably be expected to result in material liability for Borrower or any 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 Materialsits Subsidiary Entities; and (eiii) all communications to or from TenantBorrower’s Knowledge, any governmental authority or any other Person relating to no Hazardous Materials Laws have migrated or Hazardous Materials Claims with respect threaten to any portion of migrate from other properties upon, about or beneath the Premises, including copies thereof. Landlord shall have the right, and except Mortgaged Property which would reasonably be expected to result in material liability 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 Borrower 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 expenseits Subsidiary Entities.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project 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 (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises 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 extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProject by a Tenant Party, then Tenant shall promptly obtain Indemnify the Landlord Indemnitees from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, and approvals necessary to remedy (y) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, 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 Project. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) 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 Project, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of any occurrence damages, compensation or condition on benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises will and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in Subsection 21.2(m) or (n). For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from Tenant. Landlord may, any governmental authority or any other Person relating to at Landlord’s expense, cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with Applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3. Tenant represents and warrants to Landlord that it is not nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (a) subject to a material enforcement order issued by any Governmental Authority or (b) required to take any remedial action. 21.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, and except for right to conduct appropriate tests of the Project or 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, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority.

Hazardous Materials. Tenant’s use Tenant shall not use, introduce, bring onto the Premises, generate, treat, store or dispose of Hazardous Material on the Premises or Common Area of the Building or the Land except in accordance with all laws, ordinances, rules and regulations of all governmental authorities having jurisdiction over the Premises or Common Area. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises or Common Area caused or permitted by Tenant results in contamination of the Premises or Common Area, then Tenant shall comply with indemnify, defend and hold Landlord harmless from any and all Hazardous Materials Lawsclaims, except for any items set forth on Exhibit “D”. If any Environmental Activities occur judgments, damages, penalties, fines, costs, liabilities, or are suspected to have occurred losses (including without limitation diminution 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 value of the Premises or Common Area, damages for the loss or restriction on the use of rentable or usable space or of any adverse impact on marketing of space on the Premises or Common Area, and sums paid in settlement of claims; attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of Tenant’s acts such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or omissions during any clean-up, remedial removal or restoration work required by any federal, state or local governmental agency, political subdivision, lender or buyer because of Hazardous Material present in the Termsoil or groundwater on or under the Premises or Common Area, diminution Area, in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or Common Area, damages arising from any adverse impact on marketing of space in the building, and sums paid in settlement of claims, attorneys’ fees, consultant fees, laboratory fees and expert fees. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises or Common Area caused or permitted by Tenant results in any contamination of the Premises or Common Area, Tenant shall promptly obtain take all permits and approvals actions at its sole expense as are necessary to remedy return the Premises or Common Area to the condition existing prior to the contamination of the Premises or Common Area by any such actual or suspected problem through the removal of Hazardous Materials or otherwiseMaterial; provided, and upon however, Landlord’s approval of the remediation plansuch action shall first be obtained, remedy any such problem which approval shall not be unreasonably withheld. Tenant will deliver 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 copies of any Hazardous Materials Laws; (b) documents received from, or sent by Tenant to, the United States Environmental Protection Agency and/or any Hazardous Materials Claims against Tenant state, county or any portion of municipal environmental or health agency concerning the Tenant’s operations on 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 a. As used herein, the terms “Environmental Laws,” “Hazardous Materials,” and “Hazardous Material Activities” shall have the same meanings as identified on Exhibit C, which is incorporated herein in its entirety by this reference. b. Subtenant shall conduct any and all of its Hazardous Materials Activities on the Premises and Sublease Premises in compliance with the provisions of the Premises shall Master Lease and all applicable Environmental Laws. c. Subtenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all environmental permits, licenses, certificates, authorizations, or approvals required under any Environmental Laws for any Hazardous Materials LawsActivities at the Premises or Sublease Premises by Subtenant (“Environmental Approvals”). d. Sublandlord and Subtenant each shall deliver promptly to the other any notices, except for orders, or similar documents received from any items set forth on Exhibit “D”. If governmental agency or official or third party concerning any Environmental Activities occur or are suspected to have occurred in alleged violation of any Hazardous Materials Laws Environmental Law. Upon having knowledge thereof, Sublandlord and Subtenant each shall promptly provide notice to the other party of: i. any regulatory action that has been instituted, or threatened by Tenant during the Term any governmental agency or if Tenant has received notice of any Hazardous Materials Claim against any portion of court with respect to 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 Sublease Premises that relates to any Hazardous Materials Claims or Activities; ii. any claim relating to any Hazardous Materials Activities at the Premises; or Sublease Premises; or iii. any actual or threatened material release on, under or about any portion of the Premises in violation or Sublease Premises of any Hazardous Materials Material(s), except any Hazardous Material(s) whose discharge or emission is expressly authorized by and in compliance with an Environmental Approval issued by a federal, state, regional or local governmental agency pursuant to Environmental 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. e. Subtenant shall indemnify, 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 righthold harmless, and except for defend Sublandlord from and against any items noted on Exhibit “D” at Tenant’s sole cost liabilities, claims, demands, obligations, responsibilities, losses, damages (whether punitive or consequential), charges, costs and expense expenses (including, without limitation, attorneys’, experts’ and consultants’ fees, costs of investigation, and feasibility studies), fines, penalties, and monetary sanctions or interest which are incurred at any time related directly or indirectly to Hazardous Materials Activities of Subtenant or its employees, agents, contractors or invitees on or about the Premises or Sublease Premises, except to the extent any of the foregoing is caused by the negligence or willful misconduct of Sublandlord or Master Landlord’s . f. Sublandlord shall indemnify, hold harmless, and defend Subtenant from and against any liabilities, claims, demands, obligations, responsibilities, losses, damages (whether punitive or consequential), charges, costs and expenses (including, without limitation, reasonable attorneys’, experts’ fees and costs) consultants’ fees, costs of investigation, and with counsel chosen by Landlordfeasibility studies), fines, penalties, and monetary sanctions or interest which are related directly or indirectly 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 knowledgeActivities of Sublandlord or its employees, there are not pending claims agents, contractors or causes of action arising out invitees on or relating about the Premises or Sublease Premises, except to the Facility or the Premises as extent any of the Commencement Date; foregoing is caused by the Subtenant or Master Landlord. g. The provisions of Sections 15.e and (ii) to Landlord’s knowledge, no Environmental Activities in violation 15.f shall survive the expiration or earlier termination 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 Sublease.

Hazardous Materials. Tenant’s use Section 20.1 of the Premises Lease is hereby deleted and replaced with the following new language: 20.1. Tenant shall comply with all not cause or permit any Hazardous Materials Lawsto be brought upon, except for any items set forth on Exhibit “D”. If any Environmental Activities occur kept or are suspected to have occurred used in or about the Premises, the Building or the Property in violation of any Hazardous Materials Applicable Laws by Tenant during or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the Term or if Tenant has received notice presence of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts such a breach results in contamination of the Property, any portion thereof, or omissions any adjacent property, (c) contamination of the Premises otherwise occurs during the Term, any extension or renewal hereof or holding over hereunder or during the term of that certain Sublease dated August 17, 2015 between Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual Eisai, Inc. (the “Sublease”), or suspected problem through (d) contamination of 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, and upon then Tenant shall indemnify, save, defend (at Landlord’s approval option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the 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 before, during or after the Term or during the term of the Sublease as a result of such breach or contamination. This indemnification by Tenant includes costs, sums paid in response to settlement of claims, attorneys’ fees, consultant fees and expert fees incurred in connection with any judgments, damages, penalties, fines, liabilities or losses, 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 of the Premises in violation Property. 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 or permitted 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 to the contrary contained herein, in no event shall Tenant be responsible for conditions time 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 contamination; 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 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 use Leased Property. ------------------------------------- (i) To the best knowledge of the Premises shall comply Lessee, except as described in the Environmental Audit, on the Closing Date, there are no Hazardous Materials present at, upon, under or within such Leased Property or released or transported to or from such Leased Property (except in compliance in all material respects with all Hazardous Materials LawsApplicable Law). (ii) On the Closing Date, except for no Governmental Actions have been taken or, to the best knowledge of the Lessee, are in process or have been threatened, which could reasonably be expected to subject such Leased Property, any items set forth on Exhibit “D”. If Lender or the Lessor to any Claims or Liens with respect to such Leased Property under any Environmental Activities occur Law which would have a material adverse effect, or are suspected to would have occurred in violation of a Material Adverse Effect on the Lessor or any Hazardous Materials Laws Lender. (iii) The Lessee has, or will obtain on or before the date required 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 TermApplicable Law, Tenant shall promptly obtain all permits and approvals Environmental Permits necessary to remedy any such actual or suspected problem through operate the removal of Hazardous Materials or otherwiseLeased Property, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authoritiesif any, in accordance with all Hazardous Materials Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits, except to the Term, Tenant shall immediately advise Landlord extent the failure to obtain such Environmental Permits or to so comply would not have a Material Adverse Effect. (iv) Except as set forth in the Environmental Audit or in any notice subsequently furnished by the Lessee to the Agent and approved by the Agent in writing of: (a) prior to the respective times that the representations and warranties contained herein are made or deemed made hereunder, no notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, no penalty has been assessed on the Lessee and no investigation or review is pending or, to its best knowledge, threatened by any Governmental Authority or other Person in each case relating to the Leased Property with respect to any alleged material violation or liability of the Lessee under any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Law. To the best knowledge of the Premises; (c) any remedial action taken by Tenant in response Lessee, no material notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or threatened by any Hazardous Materials on, under Governmental Authority 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 the Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) The Leased Property and each portion thereof are presently in compliance in all material respects with all Environmental Laws, and, to the best knowledge 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 knowledgeLessee, there are not pending claims no present or causes past facts, circumstances, activities, events, conditions or occurrences regarding the Leased Property (including without limitation the release or presence of action arising out Hazardous Materials) that could reasonably be anticipated to (A) form the basis of a material Claim against the Leased Property, any Funding Party or the Lessee, (B) cause the Leased Property to be subject to any material restrictions on ownership, occupancy, use or transferability under any Environmental Law, (C) require the filing or recording of any notice or restriction 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 Landlord’s sole cost in the real estate records in the county or other appropriate municipality in which the Leased Property is located, or (D) prevent or materially interfere with the continued operation and expensemaintenance of the Leased Property as contemplated by the Operative Documents.

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(a) The use, storage, disposal or abandonment of explosives or other hazardous or toxic materials (“Hazardous Materials”) is not permitted on the lands of Owner or their affiliates except as expressly authorized and permitted in the Contract Documents. Should any such materials be so authorized and permitted, Contractor shall submit detailed plans for their care, use and disposal for Owner’s use of approval prior to commencing the Premises Work and shall comply with all Hazardous Materials Applicable 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 the requirements of all public agencies having jurisdiction over their use. (b) In the event that Contractor or any Subcontractor or sub-Subcontractor becomes aware of any materials reasonably believed by Contractor to be Hazardous Materials (other than Hazardous Materials expressly authorized and costspermitted in the Contract Documents) and with counsel chosen by Landlord, to join and participate in, as under on or about the Project Site, Contractor shall immediately notify Owner and stop the Work unless otherwise directed by Owner. Owner shall issue a party written work order in accordance with Article 5 to confirm any work stoppage resulting from the requirements of this Section 3.4(b). Owner will engage an appropriately licensed specialist to investigate, and if it so electsappropriate, remove the Hazardous Materials. Contractor shall not take any legal proceedings or actions initiated in connection remedial action with any regard to Hazardous Materials Claimsat the Project Site or other lands of Owner, without Owner’s express prior written authorization. Landlord represents Contractor shall not enter into any settlement agreement, consent decree or other compromise without first notifying Owner in writing of Contractors intention to do so and warrants affording Owner ample opportunity to Tenant that: protect its interests.‌‌‌ (c) Whenever Contractor becomes aware of any of the following actions with regard to Hazardous Materials that are instituted, completed or threatened and that are applicable to the Project, Contractor shall immediately notify Owner in writing: (i) any governmental or regulatory action; (ii) any claim against Owner or Contractor; or (iii) any report, complaint, notice or warning of asserted violation to Landlord’s knowledgeany environmental agency. (d) If Contractor or any of its permitted Subcontractors haul Hazardous Substances under the Contract Documents, there are not pending claims such hauler shall comply with all Environmental Laws related to or causes of action arising out or relating pertaining to the Facility hauling of such materials, including, without limitation, those promulgated by the United States Environmental Protection Agency or the Premises Department of Toxic Substances Control. In advance of any soil or debris movement activities, the general contractor for each project at Mission Bay must provide Owner with a complete list of all Subcontractors expected to haul soils within the Mission Bay project area, along with (i) Contractor’s certification that these Subcontractors/transporters are properly registered and licensed as hazardous waste haulers by the California Department of the Commencement DateToxic Substances Control; (ii) a copy of each transporter’s DTSC Registration Certificate; (iii) each transporter’s EPA identification number; and (iiiv) to LandlordContractor’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 certification that it has provided each transporter with a copy of the Premises in existence prior to Manifest Variance and had advised the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through transporter of the removal of Hazardous Materials at Landlord’s sole cost and expensespecific requirements.

Hazardous Materials. Tenant’s use (i) To the extent that Company has actual knowledge of the Premises presence of hazardous chemical substances on a Company Facility at the commencement of Provider’s performance of activities on such Company Facility that could in Company’s opinion (i) Confidential 41 pose hazards to human health or safety of Provider’s or Provider’s Personnel working on the Company Facility given the scope of Provider’s Services to be performed or (ii) significantly affect Provider’s performance hereunder on such Company Facility, if requested in writing by Provider prior to commencement of its performance on such Company Facility, Company shall comply with all Hazardous Materials Lawsdisclose such pre-existing conditions to Provider. Conditions, except for including the presence of any items set forth on Exhibit “D”hazardous chemical substance, described or referenced in any reports or studies given to or made available to Provider, or in any studies or investigations by Provider, shall be deemed to have been disclosed upon receipt by Provider of such information. If Company provides any Environmental Activities occur such disclosure(s) of pre-existing conditions to Provider, Provider shall fully review and familiarize itself with such disclosure(s) and shall (A) exercise the Standard of Care in dealing with the disclosed pre-existing conditions; (B) conform to, and otherwise not interfere with any existing programs, controls, limitations or activities which 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 place as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any presence of such actual or suspected problem through the removal of Hazardous Materials or otherwisesubstances, and upon Landlord’s approval of the remediation plan, remedy any (C) take such problem steps (and require all contractors to the satisfaction of Landlord and all applicable governmental authorities, take such steps) in accordance with the Standard of Care, including but not limited to workplace controls, required use of personal protective equipment, or limitations on location and scope of Services to address any hazard to human health or safety. (ii) Provider must comply with all Applicable Laws in the performance of its obligations hereunder including without limitation those regarding hazardous and toxic substances and associated disclosure requirements. Additionally, Provider must comply with Company’s chemical release and hazardous and toxic substances disclosure and notification requirements, including those specified in the Chemical Release/Hazardous Materials Laws and good business practicesToxic Substances Disclosure Requirements Appendix attached hereto. During For Services performed in California or Company’s Facilities, Provider shall comply with the Termrequirements of the Safe Drinking Water and Toxic Enforcement Act of 1986 and amendments thereto (commonly referred to as “Proposition 65”). Such compliance may require the posting of notices on the Company Facility to warn people on the Company Facility of the potential for exposure to products which contain certain levels of chemicals known to the State of California to cause cancer, Tenant birth defects or other reproductive harm, as identified and listed by the Governor or the Health and Welfare Agency of the State of California pursuant to the requirements of Proposition 65. Provider shall immediately advise Landlord in writing of: (a) inquire of its Subcontractors whether they have received any Environmental Activities in violation such warning notices from product manufacturers for products being used on the Company Facility, and shall ensure that any such notice, or a general warning sign, is posted conspicuously on the Company Facility so that it is likely to be read and understood by those who may be affected. Provider shall maintain records of any Hazardous Materials Laws; (b) inquiries of its Subcontractors, and any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response responses received from them, and shall make these records available to any Hazardous Materials Claims individual who inquires about potential exposures. If Provider causes 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: discovers (i) to Landlord’s knowledge, there are not pending claims a reportable release of a hazardous substance or causes of action arising out extremely hazardous substance; or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledgea discharge or release, no Environmental Activities in violation or potential discharge or release, of any Hazardous Materials Laws have occurred prior a regulated quantity of a listed chemical into a source of drinking water, which includes discharges or releases onto or into land, or into air, so long as the chemical will be deposited directly and immediately into a source of drinking water, then Provider shall immediately stop the activities causing or threatening such discharge or release, prevent or limit human, environmental, or natural resource exposure to the Commencement Date which have not been remedied in fulldischarge or release, and take reasonable steps to stop any continuing discharge or release. Notwithstanding anything Provider shall immediately notify Company that such a discharge or release has occurred or is threatened. Company will then determine whether the substances that gave rise to the contrary contained hereinactual or threatened discharge or release may be used at the Company Facility or need to be removed from the Company Facility in order to comply with the requirements of Proposition 65. (iii) In the event that the removal or remediation of hazardous or toxic substances (other than a Provider Substance Release, in no event as defined below) located on the Company Facility is required under any Applicable Law (a “Company Substance Condition”), then Company 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 or remediation of Hazardous Materials at Landlord’s sole cost and expense.such Company

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 and the risk that Facility Termination Date) any portion loss, damage, cost, expense or liability arising out of or attributable to the Premises will be exposed to Hazardous Materials; and (e) all communications to use, generation, storage, Release, threatened Release, discharge, transportation, disposal, or from Tenant, any governmental authority or any other Person relating to presence of 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 20.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Buildings or the Project in violation of Applicable Laws by Tenant or its employees, agents, 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 Project, any portion thereof, or any adjacent property, then Tenant shall comply indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims, including sums paid in settlement of Claims that arise during or after the Lease Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials Lawspresent in the air, except for any items set forth soil or groundwater above, on Exhibit “D”or under or about the Project. 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 the Project, any portion thereof or any adjacent property caused or permitted by Tenant results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to remediate such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term effect on the Project, any portion thereof or any adjacent property. 20.2 Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant's industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Term Commencement Date a list identifying each type of Hazardous Material to be present at the Project and setting forth any and all governmental approvals or permits required in connection with the presence of such Hazardous Material at the Project (the "Hazardous Materials List"). Tenant shall deliver to Landlord an updated Hazardous Materials List before any material new Hazardous Materials are brought to the Project. Tenant shall deliver to Landlord true and correct copies of the following documents (hereinafter referred to as the "Documents") relating to the handling, storage, disposal and emission of Hazardous Materials prior to the Term Commencement Date or, if unavailable at that time, concurrently with the receipt from or submission to any Governmental Authority: permits; approvals; reports and correspondence; storage and management plans; notices of violations of Applicable Laws; plans relating to the installation of any storage tanks to be installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion); and all closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks. Tenant shall not be required, however, to provide Landlord with any portion of the Premises Documents containing information of a proprietary nature, which Documents, in violation and of themselves, do not contain a reference to 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 activities related to Hazardous Materials; . 20.3 At any time, and (e) all communications from time to or from Tenanttime, any governmental authority or any other Person relating prior to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion the expiration of the PremisesLease Term, including copies thereof. Landlord shall have the right, and except for right to conduct appropriate tests of the Project or 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, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants are present or that contamination has occurred due to Tenant that: (i) to Landlord’s knowledgeor Tenant's employees, there are not pending claims agents, contractors or causes invitees. Tenant shall pay all reasonable costs of action arising out or relating to such tests if such tests reveal that Hazardous Materials exist at the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 20.4 If underground or other storage tanks storing 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 are located on the Premises in existence prior or are hereafter placed on the Premises by Tenant, Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Commencement Date, and, if required by law, Applicable Laws. 20.5 Tenant shall promptly report to Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises and Landlord will remediate such mold or water intrusion unless the cause of such issue was the act or omission of Tenant. 20.6 Tenant's obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 26 below. 20.7 As used herein, the term "Hazardous Material(s)" means any hazardous or toxic substance(s), material(s) or waste(s) that is or becomes regulated by any Governmental Authority.

Hazardous Materials. Tenant’s use 5.1.1 It is the sole responsibility 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 CM@Risk to have occurred in violation properly remove and dispose of any Hazardous Materials Laws in the Project identified as such in the Contract Documents by Tenant during the Term or if Tenant has received notice of Owner. CM@Risk, upon encountering 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 not identified in the vicinity of any portion of Contract Documents, shall stop Work immediately in the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; affected area 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, notify Owner and, if required by lawapplicable rules, Landlord hereby agrees all governmental or quasi-governmental entities with jurisdiction over the Project. Owner has responsibility to remedy take the necessary measures required to properly remove and dispose of Hazardous Materials not identified in the Contract Documents as being the responsibility of the CM@Risk. 5.1.2 CM@Risk will be entitled, in accordance with the provisions of these General Conditions, to an adjustment in the GMP or Contract Time(s) of performance, or both, to the extent that the CM@Risk’s costs or time of performance have been adversely and materially impacted by the presence of unforeseen or undisclosed Hazardous Materials. 5.1.3 Owner is not responsible for Hazardous Materials introduced to the Site by CM@Risk, Subcontractors (of any tier) or anyone else for whom the CM@Risk is responsible unless provision of such actual Hazardous Materials are called for in the Contract Documents, or suspected problem through has called for the removal of any such Hazardous Materials. 5.1.4 CM@Risk agrees to indemnify, defend and hold harmless Owner and others under Owner’s control, and the officers, directors, employees and agents of each of them, from and against all claims, losses, liabilities, costs and expenses, including but not limited to attorney’s fees and expenses, arising out of or resulting from CM@Risk’s importation, improper handling, storage, abatement, removal or disposal of any Hazardous Materials at Landlord’s sole cost by CM@Risk. 5.1.5 Releases of Hazardous Substances. Upon any release of any hazardous substance in connection with the Work, whether relating to a pre-existing condition or acts or omissions of CM@Risk, CM@Risk shall take immediate action reasonably necessary to contain the release and expenseif the hazardous material release is not a CM@Risk release, Owner will pay CM@Risk the reasonable costs incurred by CM@Risk in taking such containment action. Owner may elect to have CM@Risk control and carry out any containment, clean-up, removal and remediation activity needed, provided that if the release is not a CM@Risk release, Owner will be responsible to pay CM@Risk for such CM@Risk containment activities in accordance with Section 10.4 of these General Conditions, including allowance of additional Contract Time thereunder.

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’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 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 (10) days after Landlord’s request therefor. (b) Landlord represents to Tenant that Landlord has not received any Hazardous Materials Laws have occurred prior written notice, demand, claim, citation, complaint, request for information or similar communication with respect 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 expensethe Project in violation of Environmental 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 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 agrees that neither Tenant’s use of the Premises , nor any other Tenant Party, 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 Handle any Hazardous Materials Laws by in the 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 Space or any portion of the Premises; (c) Building or the Property. Additionally, Tenant agrees that neither Tenant, nor any remedial action taken by other Tenant Party, shall use the Tenant Space in response any manner which may directly or indirectly lead 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 non-compliance with any Hazardous Materials Claims. Environmental Law. 6.3.2.1 Landlord hereby represents and warrants to Tenant that: (i) , to the best of Landlord’s knowledgeActual 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; , (a) neither the Property, nor the Building nor the Tenant Space contain any Hazardous Materials, other than those amounts and types of Hazardous Materials (e.g., the battery acid contained within the Building’s batteries) that are utilized in the ordinary course of operating the Building, (b) neither the Property, nor the Building nor the Tenant Space contain Hazardous Materials at levels or in conditions that are in violation of applicable Environmental Laws, (c) no underground storage tanks are located on the Property, (d) no Claims or actions of any sort have been brought against Landlord concerning Hazardous Materials on the Property, and (iie) no investigations have been initiated against Landlord concerning Hazardous Materials on the Property. 6.3.2.2 Landlord shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord’s knowledgeTenant and hold Tenant harmless from and against, no Environmental Activities in violation any liabilities, losses, claims, demands, interest, penalties, fines, attorneys’ fees, experts’ fees, court costs, remediation costs, and other expenses actually incurred by Tenant as a result of the presence of any Hazardous Materials Laws have occurred prior to in, on, about, under or emanating from 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 Premises or Property as 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 Effective Date of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items Except as 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 TermEXHIBIT 4.16 hereto, 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 the operations of each Loan Party are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Datein material compliance with all Environmental Laws; and (ii) to Landlord’s the best of each Loan Party's knowledge, there has been no Release at any of the properties owned or operated by any Loan Party or a predecessor in interest, or at any disposal or treatment facility which received Hazardous Materials generated by any Loan Party or any predecessor in interest which is reasonably likely to have a Material Adverse Effect; (iii) no Environmental Action has been asserted against any Loan Party or any predecessor in interest nor does any Loan Party have knowledge or notice of any threatened or pending Environmental Action against any Loan Party or any predecessor in interest which is reasonably likely to have a Material Adverse Effect; (iv) no Loan Party has knowledge of any Environmental Actions that have been asserted against any facilities that may have received Hazardous Materials generated by any Loan Party or any predecessor in interest which are reasonably likely to have a Material Adverse Effect; (v) to the best of such Loan Party's knowledge, no Environmental Activities in violation of property now or formerly owned or operated by a Loan Party has been used as a treatment or disposal site for any Hazardous Materials Laws have occurred prior Material; (vi) no Loan Party has failed to report to the Commencement Date proper Governmental Authority any Release which is required to be so reported by any Environmental Laws which is reasonably likely to have a Material Adverse Effect; (vii) each Loan Party holds all licenses, permits and approvals required under any Environmental Laws in connection with the operation of the business carried on by it, except for such licenses, permits and approvals as to which a Loan Party's failure to maintain or comply with is not been remedied reasonably likely to have a Material Adverse Effect; and (viii) no Loan Party has received any notification pursuant to any Environmental Laws that (A) any work, repairs, construction or Capital Expenditures are required to be made in full. Notwithstanding anything respect as a condition of continued compliance with any Environmental Laws, or any license, permit or approval issued pursuant thereto or (B) any license, permit or approval referred to the contrary contained hereinabove is about to be reviewed, made, subject to limitations or conditions, revoked, withdrawn or terminated, in no event shall Tenant be responsible for conditions of the Premises in existence prior each case, except as is not reasonably likely 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 expensehave a Material Adverse Effect.

Hazardous Materials. Tenant’s use of Within thirty (30) Business Days after request by the Premises Administrative Agent, each Loan Party shall comply with provide to the Administrative Agent written information regarding all Hazardous Materials Lawsthat are used, except for any items set forth on Exhibit “D”generated, transported, stored or disposed of by the Loan Party, in reportable quantities. If any Loan Party should commence the use, treatment, transportation, generation, storage, or disposal of any Hazardous Substance in reportable quantities in its operations in addition to those noted in such information, such Loan Party shall immediately notify the Administrative Agent of the commencement of such activity with respect to each such Hazardous Substance within thirty (30) Business Days of commencing such activity. Each Loan Party shall cause any Hazardous Materials which are now or may hereafter be used or generated in the operations of the Loan Party in reportable quantities to be accounted for and disposed of in compliance with all Environmental Activities occur Laws and other applicable federal, state and local laws and regulations. No Loan Party shall allow or are suspected permit to have occurred in violation continue the release or threatened release of any Hazardous Materials Laws on any premises owned or occupied by Tenant during or under lease to the Term Loan Party. Each Loan Party shall notify the Administrative Agent within five (5) Business Days after obtaining knowledge of any of the events described below and shall, simultaneously with providing such notice, provide the Administrative Agent with copies of any correspondence regarding such event: (i) any premises which have at any time been owned or if Tenant has received notice occupied by or have been under lease to the Loan Party are the subject of an environmental investigation by any federal, state or local governmental agency having jurisdiction over the regulation of any Hazardous Materials, the purpose of which investigation is to quantify the levels of Hazardous Materials Claim against located on such premises; (ii) the Loan Party has been named or is threatened to be named as a party responsible for the possible contamination of any portion real property or ground water with Hazardous Materials, including, but not limited to the contamination of past and present waste disposal sites; or (iii) any notice or claim to the Premises effect that any Borrower or any of its Subsidiaries is or may be liable to any Person as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy release 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 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 TenantBorrower, any governmental authority of its Subsidiaries, or any other Person relating to Hazardous Materials Laws of any toxic or Hazardous Materials Claims with respect to any portion of hazardous waste or substance into the Premises, including copies thereof. Landlord shall have the rightenvironment, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (includingnotice alleging any violation of any federal, without limitationstate or local environmental, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen health or safety law or regulation by Landlordany Borrower or any of its Subsidiaries, which, in either case, could reasonably be expected to join and participate in, as have a party if it so elects, Material Adverse Effect. If any legal proceedings or actions initiated Loan Party is notified of any event described 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) above, such Loan Party shall within thirty (30) Business Days of such notice engage a firm or firms of engineers or environmental consultants appropriately qualified to Landlord’s knowledgedetermine as quickly as practical the extent of contamination and the potential financial liability of the Loan Party with respect thereto, no Environmental Activities in violation and the Administrative Agent shall be provided with a copy of any Hazardous Materials Laws have occurred prior report prepared by such firm or by any governmental agency as to such matters as soon as any such report becomes available to the Commencement Date which have not been remedied Loan Party, and the Loan Party shall immediately establish reserves in fullthe amount of the potential financial liability of the Loan Party identified by such environmental consultants or engineers. Notwithstanding anything The selection of any engineers or environmental consultants engaged pursuant to the contrary contained herein, in no event requirements of this Section 5.15 shall Tenant be responsible for conditions subject to the approval of the Premises Administrative Agent, which approval shall not be unreasonably withheld. Each Loan Party shall provide an adequate reserve for the payment of all potential financial liability not covered by insurance upon the occurrence of any event described 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 Section 5.15.

Hazardous Materials. TenantNotwithstanding anything contained herein to the contrary: A. Tenant covenants and agrees that it shall not cause, conduct, authorize or allow (i) the presence, generation, transportation, storage, treatment, or usage at the Premises, or any portion thereof, of any Hazardous Material in violation of or as would give rise to liability under Environmental Laws; (ii) a Release or threat of Release of any Hazardous Material on, under, about or in the Premises; or (iii) any violation of or liability under any Environmental Law at or with respect to the Premises or activities conducted thereon. For avoidance of doubt, nothing in this Section 271.A shall prohibit Tenant from using at the Premises (I) cleaning materials, pesticides, and other common household and office products, and/or (II) materials in connection with any fuel tanks, generators or the like on the Premises, solely to the extent, with respect to each of the preceding clauses (I) and (II), that any such use thereof is in compliance with Environmental Laws. B. Tenant shall, at its own cost, comply and ensure that the Premises and all operations and activities at the Premises comply with all Environmental Laws and the terms of this Lease with respect to Hazardous Materials. Tenant shall, at its own cost, obtain all permits, licenses and authorizations required under Environmental Laws for the operations and activities conducted at the Premises. C. Tenant shall promptly provide Landlord with written notice of any actual or potential violation of Environmental Laws, any Release of Hazardous Materials in or around the Premises that could impact the Premises or require any investigation, remediation or other response action under Environmental Law, and any claim or threat of a claim asserting any liability under Environmental Laws relating to the Premises, and copies of all reports, site assessments, and material communications, permits or agreements to, from or with any governmental authority or other third party relating to such violation, Release or claim; and D. Landlord and Landlord’s use Representatives, including such environmental consultants as Landlord may designate, shall have the right upon reasonable prior notice, and subject to Section 14 hereof, to enter the Premises and/or conduct appropriate tests and investigations for the purpose of assessing the condition of the Premises shall comply or ascertaining that Tenant complies with the terms of this Lease and with all Hazardous Materials Lawsapplicable Environmental Laws that relate in any way to the Premises. E. If the presence, except for any items set forth on Exhibit “D”. If any Environmental Activities occur Release, threat of Release, presence or are suspected to have occurred placement on, in violation or around the Premises, or the generation, transportation, storage, use, treatment, or disposal at or around the Premises of any Hazardous Materials Laws Material 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, Tenant’s acts Representatives, or omissions during by any third party other than Landlord or Landlord’s Representatives: (i) gives rise to liability or obligation (including, but not limited to, any investigatory, remedial, removal, reporting, or other response action) under any Environmental Law, (ii) causes or threatens to cause a material and adverse effect on public health or occupational safety and health, (iii) pollutes or threatens to pollute the Termenvironment, or endanger human health, or (iv) otherwise violates Environmental Law, Tenant shall promptly obtain take any and all permits remedial and approvals removal actions required by Environmental Laws or otherwise necessary to remedy any such actual or suspected problem through clean up the removal of Hazardous Materials or otherwise, and upon Landlord’s approval Premises to comply with all environmental standards applicable to the Premises given its use at the time of the remediation plan, remedy any such problem and mitigate exposure to liability arising from the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Material. F. Tenant shall immediately advise promptly notify Landlord in writing upon Tenant becoming aware of: (ai) any Environmental Activities in violation enforcement action, investigation, cleanup, notice of violation, or other regulatory action taken or threatened against either party or otherwise related to the Premises by any governmental authority with respect to the presence of any Hazardous Materials Material at the Premises, or the migration thereof from or to other property, (ii) any demands or claims made or threatened by any governmental authority or other person against either party hereto or otherwise relating to any actual or alleged violation of or liability under Environmental Laws or relating to any loss or injury resulting from any Hazardous Material or based on Environmental Laws; , (biii) any Release of Hazardous Materials, unlawful discharge, or non-routine, improper or unlawful disposal or transportation of any Hazardous Material on or from the Premises, and (iv) any matters where Tenant is required by Environmental Law to give a notice to any governmental authority respecting 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 in, at, on, under or about the Premises, and Tenant shall thereafter keep Landlord reasonably apprised with respect to the status and Tenant’s actions to resolve such matters, and shall furnish Landlord with such other documents and information as Landlord may reasonably request with respect thereto. At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any portion Hazardous Material then actually known by Tenant to be used, stored, or maintained in, on or upon the Premises. In such case, Tenant shall if requested by Landlord provide Landlord with information with respect to the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet issued by the manufacturer therefor, written information concerning the removal, transportation, and disposal of the same, and such other information as the Landlord may reasonably require or as may be required by Environmental Laws. G. Tenant shall indemnify, defend and hold Landlord and the Landlord Indemnified Parties harmless, in the manner specified in Section 20, from and against any and all liability, claim, expense, cause of action, fines, judgments, settlements, investigation, monitoring and remediation costs, penalties, losses and damages (including reasonable attorney’s, consultant’s and contractor’s fees) resulting or arising from (i) the breach by Tenant of its covenants and agreements set forth in this Section 27, (ii) the presence, Release, placement on, in or around the Premises, or the generation, transportation, storage, use, treatment or disposal at or around the Premises in violation of any Hazardous Materials Laws; before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’s Representatives, (diii) Tenantany violation of or obligation under Environmental Law before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’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; Representatives, and (eiv) all communications to claims by governmental authorities or from Tenant, any governmental authority other third parties associated with Hazardous Materials or violations of or obligations under Environmental Laws by Tenant or any third party other Person relating to Hazardous Materials Laws than Landlord or Landlord’s Representatives, or Hazardous Materials Claims with respect to present at, on, under or about the Premises before or during the Term and any portion of the PremisesRenewal Term, including copies thereof. Landlord shall have the rightas applicable, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees limitation those that were discovered during the Term and costs) and with counsel chosen by Landlord, to join and participate inany Renewal Term, as a party if it so electsapplicable, 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 which were caused prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinTerm by Tenant or its agents, representatives, employees, contractors, subcontractors, licensees or invitees or any third party other than Landlord or Landlord’s Representatives; provided, however, in no event shall Tenant be responsible for conditions Tenant’s indemnity obligations hereunder apply to any violations of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual Environmental Laws or suspected problem through the removal Releases of Hazardous Materials at caused by the gross negligence or willful misconduct of Landlord or Landlord’s sole cost and expenseRepresentatives. The foregoing indemnity obligations shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. Tenant’s use The Borrower Parties shall, and shall cause each of their respective Subsidiaries to, do the Premises shall comply following: (1) Keep and maintain all Retail/Other Properties in material compliance with all any Hazardous Materials LawsLaws unless the failure to so comply would not be reasonably expected to result in a Material Adverse Effect. (2) Diligently remediate in accordance with and as required by applicable Hazardous Material Laws any Hazardous Materials discharged, except for disposed of, or otherwise released in, on or under any items set forth on Exhibit “D”. If any Environmental Activities occur or Retail/Other Properties that are suspected to have occurred in violation of any Hazardous Materials Laws and which would be reasonably expected to result in a Material Adverse Effect, and cause any remediation required by Tenant during any Hazardous Material Laws or Governmental Authority to be performed, though no such action shall be required if any action is subject to a good faith contest. In the Term course of carrying out such actions, the Borrower shall provide the Administrative Agent with such periodic information and notices regarding the status of investigation, removal, and remediation, as the Administrative Agent may reasonably require. (3) Promptly advise the Administrative Agent, each Issuing Lender and each Lender in writing of any of the following: (i) any Hazardous Material Claims known to the Borrower Parties which would be reasonably expected to result in a Property-Level Material Adverse Effect to any Real Property or if Tenant has received a material adverse effect on the owner thereof; (ii) the receipt of any 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 alleged violation of Hazardous Materials or otherwiseLaws with respect to any Real Property (and the Borrower shall promptly provide the Administrative Agent, the Issuing Lenders and upon Landlord’s approval the Lenders with a copy of such notice of violation), provided that such alleged violation, if true (and if any release 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 alleged therein were not promptly remediated), would result in a breach of subsections (1) or (2) above; and good business practices. During (iii) 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 any Retail/Other Properties that could reasonably be expected to cause such Retail/Other Properties or any part thereof to be in violation of subsections (1) or, if not promptly remediated, (2) above. If 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 TenantAdministrative Agent, any governmental authority or Issuing Lender and/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 Lender 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, be joined in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents , each Borrower Party shall indemnify, defend, and warrants hold harmless such Person with respect to Tenant that: any liabilities and out-of-pocket expenses arising with respect thereto, including reasonable attorneys’ fees and disbursements. (i4) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as Comply with each of the Commencement Date; covenants set forth in subsections (1), (2) and (ii3) of this Section 7.9 with respect 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 all other Properties of the Premises Borrower and its Subsidiaries unless the failure to so comply would not reasonably be expected to result 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 expensea Material Adverse Effect.

Hazardous Materials. (a) As used in this Lease, the term “Hazardous Materials” shall mean and include any substance that is or contains petroleum, asbestos, polychlorinated biphenyls, lead, or any other substance, material or waste which is now or is hereafter classified or considered to be hazardous or toxic under any federal, state or local law, rule, regulation or ordinance relating to pollution or the protection or regulation of human health, natural resources or the environment (collectively “Environmental Laws”) or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent property. (b) Tenant agrees that during its use and occupancy of the Premises it will not permit Hazardous Materials to be present on or about the Premises except in a manner and quantity necessary for the ordinary performance of Tenant’s business and that it will comply with all Environmental Laws relating to the use, storage or disposal of any such Hazardous Materials. (c) If Tenant’s use of Hazardous Materials on or about the Premises shall comply with all Hazardous Materials Lawsresults in a release, except for any items set forth on Exhibit “D”. If any Environmental Activities occur discharge 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 disposal of Hazardous Materials on, in, at, under, or otherwiseemanating from, and upon Landlord’s approval of the remediation planPremises or the property in which the Premises are located, remedy any Tenant agrees to investigate, clean up, remove or remediate 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: full compliance with (a) the requirements of (i) all Environmental Laws and (ii) any governmental agency or authority responsible for the enforcement of any Environmental Activities in violation of any Hazardous Materials Laws; and (b) any Hazardous Materials Claims against Tenant or any portion additional requirements of Landlord that are reasonably necessary to protect 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 value of the Premises or the property 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 which the Premises that materially increase are located. Landlord shall also have the risk that any portion of right, but not the Premises will be exposed obligation, 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 take whatever action with respect to any portion such Hazardous Materials that it deems reasonably necessary to protect the value of the Premises or the property in which the Premises are located. All costs and expenses paid or incurred by Landlord in the exercise of such right shall be payable by Tenant upon demand. (d) Upon reasonable notice to Tenant, Landlord may inspect the Premises for the purpose of determining whether there exists on the Premises any Hazardous Materials or other condition or activity that is in violation of the requirements of this Lease or of any Environmental Laws. The right granted to Landlord herein to perform inspections shall not create a duty on Landlord’s part to inspect the Premises, including copies thereof. or liability on the part of Landlord for Tenant’s use, storage or disposal of Hazardous Materials, it being understood that Tenant shall have be solely responsible for all liability in connection therewith. (e) Tenant shall surrender the rightPremises to Landlord upon the expiration or earlier termination of this Lease free of debris, waste or Hazardous Materials placed on or about the Premises by Tenant or its agents, employees, contractors or invitees, and except for in a condition which complies with all Environmental Laws. (f) Tenant agrees to indemnify and hold harmless Landlord from and against any items noted on Exhibit “D” at Tenant’s sole cost and expense all claims, losses (including, without limitation, Landlordloss in value of the Premises or the property in which the Premises are located), liabilities and expenses (including reasonable attorney’s reasonable attorneys’ fees and costsfees) and with counsel chosen sustained by Landlord, Landlord attributable to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with (i) any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims placed on or causes of action arising out or relating to the Facility or about the Premises as of the Commencement Date; and by Tenant or its agents, employees, contractors or invitees or (ii) to LandlordTenant’s knowledge, no Environmental Activities in violation breach of any Hazardous Materials Laws have occurred prior to provision of this Section. (g) The provisions of this Section shall survive 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 expiration or earlier 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 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. 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’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. 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. (a) Tenant Obligations: ------------------ (i) Tenant shall not dispose of or otherwise allow the release of any hazardous waste or materials in, on or under the Premises or the Building, or any adjacent property, or in any improvements placed on the Premises. Tenant represents and warrants to Landlord that Tenant’s 's intended use of the Premises does not involve the use, production, disposal or bringing on to the Premises of any hazardous waste or materials, except only ordinary and general office supplies typically used in first-class downtown office buildings (including, but not limited to, the presence and use of a diesel generator) and only in such quantities or concentrations as allowed under applicable laws, rules and regulations. As used in this Section, the term "hazardous waste or materials" includes any substance, waste or material defined or designated as hazardous, toxic or dangerous (or any similar term) pursuant to any statute, regulation, rule or ordinance now or hereafter in effect. Tenant shall promptly comply with all Hazardous Materials Lawssuch statutes, 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 regulations, rules and ordinances, and if Tenant has received fails to so comply Landlord may, after reasonable prior notice to Tenant (except in case of any Hazardous Materials Claim against any portion of the Premises as a result emergency) effect such compliance on behalf 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 reimburse Landlord for all costs incurred in writing of: effecting such compliance. (aii) Tenant agrees to indemnify, defend and hold harmless Landlord against 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 and all actual losses, liabilities, suits, obligations, fines, damages, judgments, penalties, claims, charges, cleanup costs, remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onactions, 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; costs 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 expenses (including, without limitation, Landlord’s reasonable consultant fees, attorneys’ ' fees and costsdisbursements) and with counsel chosen which may be imposed on, incurred or paid by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated asserted in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeany misrepresentation, there are not pending claims breach of warranty or causes of action arising out other default by Tenant under this Section 35, or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledgethe acts of Tenant, no Environmental Activities or any subtenant or other person for whom Tenant would otherwise be liable, resulting in violation the release of any Hazardous Materials Laws have occurred prior to hazardous waste or materials on or in 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 expensePremises.

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(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. (a) As used in this Lease, the term "Hazardous Materials" shall mean and ------------------- include any substance that is or contains petroleum, asbestos, polychlorinated biphenyls, lead, or any other substance, material or waste which is now or is hereafter classified or considered to be hazardous or toxic under any federal, state or local law, rule, regulation or ordinance relating to pollution or the protection or regulation of human health, natural resources or the environment (collectively "Environmental Laws") or poses or threatens to pose a hazard to ------------------ the health or safety of persons on the Premises or any adjacent property. Landlord represents and warrants that to the best of Landlord's actual knowledge, there are no Hazardous Materials located in, on or under the Building or the Land, and Landlord has received no notices concerning violation of any laws relating to Hazardous Materials with respect to the Building or the Land. If Hazardous Materials are discovered in the Building or on the Land after the Commencement Date and were not caused or permitted by Tenant or Tenant’s 's employees, assignees agents or invitees, then Landlord will be responsible for all costs and expenses associated with regulatory requirements to eliminate any violations of law resulting from such presence and Landlord shall indemnify, defend, and hold Tenant and Tenant's employees, assignees, agents and invitees harmless from any and all claims, costs, liabilities or expenses associated with such Hazardous Materials. (b) Tenant agrees that during its use and occupancy of the Premises shall it will not permit Hazardous Materials to be present on or about the Premises except in a manner and quantity necessary for the ordinary performance of Tenant's business and that it will comply with all Hazardous Materials LawsEnvironmental Laws relating to the use, except for any items set forth on Exhibit “D”. If any Environmental Activities occur storage or are suspected to have occurred in violation disposal of any such 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 Materials. (c) If 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 's use of Hazardous Materials on or otherwiseabout the Premises results in a release, and upon Landlord’s approval discharge or disposal 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 on, in, at, under, or emanating from, the TermPremises or the property in which the Premises are located, Tenant shall immediately advise Landlord agrees to investigate, clean up, remove or remediate such Hazardous Materials in writing of: full compliance with (a) the requirements of (i) all Environmental Laws and (ii) any governmental agency or authority responsible for the enforcement of any Environmental Activities in violation of any Hazardous Materials Laws; and (b) any Hazardous Materials Claims against Tenant or any portion additional requirements of Landlord that are reasonably necessary to protect 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 value of the Premises or the property 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 which the Premises that materially increase are located. Landlord shall also have the risk that any portion of right, but not the Premises will be exposed obligation, 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 take whatever action with respect to any portion such Hazardous Materials that it deems reasonably necessary to protect the value of the PremisesPremises or the property in which the Premises are located. All costs and expenses paid or incurred by Landlord in the exercise of the right set forth in this Section 5.3(c) shall be payable by Tenant upon demand. -------------- (d) Upon reasonable notice to Tenant, including copies thereof. Landlord shall have the rightmay, and except for any items noted on Exhibit “D” at Tenant’s its sole cost and expense unless a violation is discovered, inspect the Premises for the purpose of determining whether there exists on the Premises any Hazardous Materials or other condition or activity that is in violation of the requirements of this Lease or of any Environmental Laws. The right granted to Landlord herein to perform inspections shall not create a duty on Landlord's part to inspect the Premises, or liability on the part of Landlord for Tenant's use, storage or disposal of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith. (e) Tenant shall surrender the Premises to Landlord upon the expiration or earlier termination of this Lease free of debris, waste or Hazardous Materials placed on or about the Premises by Tenant or its agents, employees, contractors or invitees, and in a condition which complies with all Environmental Laws. (f) Tenant agrees to indemnify and hold harmless Landlord and Landlord's employees, assignees, agents and invitees from and against any and all claims, losses (including, without limitation, Landlord’s loss in value of the Premises or the property in which the Premises are located), liabilities and expenses (including reasonable attorneys’ fees and costsattorney's fees) and with counsel chosen sustained by Landlord, Landlord attributable to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with (i) any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims placed on or causes of action arising out or relating to the Facility or about the Premises as of the Commencement Date; and by Tenant or its agents, employees, contractors or invitees or (ii) to Landlord’s knowledge, no Environmental Activities in violation Tenant's breach of any Hazardous Materials Laws have occurred prior to provision of this Section 5.3. ----------- (g) The provisions of this Section 5.3 shall survive 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 expiration or ----------- earlier 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 '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 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Project occurs as a result of Hazardous Materials Laws, except for any items set forth that are placed on Exhibit “D”. If any Environmental Activities occur or under or are suspected released into the Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to have occurred Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims, including (w) diminution in violation value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on or under or about the Project. 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 the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises in violation that is subject to regulation under any environmental Applicable Laws, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials Laws; and (dii) Tenant’s discovery plans relating to the installation of any occurrence storage tanks to be installed in, on, under or condition on about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or in any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the vicinity Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents (1) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Project, (m) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31 of each year, and (n) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant’s business that materially involve any material increase in the risk that types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any portion Hazardous Materials Documents containing information of the Premises will be exposed a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; . Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. 21.3. Notwithstanding the provisions of Sections 21.1 21.2 or 21.9, if (ea) all communications to or from Tenant, any governmental authority Tenant or any other Person relating proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials Laws contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials Claims Materials, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any portion such matter involving Tenant), and it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4. At any time, and from time to time, prior to the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for right to conduct appropriate tests of the Project or 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, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. 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 a. Tenant shall comply with all Hazardous Materials applicable environmental laws, orders, regulations, ordinances and directives now existing or hereafter enacted (“Environmental Laws”) and, 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 expense, shall perform any act or obligation arising from or as is necessary to achieve such compliance arising from its use of the Premises. Landlord shall, at its sole cost and expense, perform any act or obligation in order to comply with all Environmental Laws except those which are T▇▇▇▇▇’s obligation hereunder. b. Tenant shall not cause or permit any portion of the Premises to be used for the production, storage, deposit or disposal of Hazardous Materials, nor shall Tenant permit Hazardous Materials ever to be placed or located upon the Premises. Notwithstanding the above prohibition, Tenant acknowledges that it stores Hazardous Materials (thinners, lacquers, glues, varnishes, etc.) including the listed petrochemicals and finishes containing urea formaldehyde and covenants that same are at all times used, kept and stored in full compliance with the Environmental Laws including the storing of the Hazardous Materials in code-compliant flammable cabinets. As used herein, “Hazardous Materials” means all substances or pollutants which are declared to be or regulated as hazardous, toxic, dangerous or polluting substances under the Environmental Laws at any time during the Term of this Lease, including, without limitation, Landlord’s reasonable attorneys’ fees asbestos, polychlorinated biphenyles (PCBs), urea formaldehyde, foam insulation, and costs) petroleum products and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, by-products. c. Tenant shall promptly notify Landlord of any legal proceedings actual 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 threatened lien against the Premises as of which T▇▇▇▇▇ becomes aware pursuant to any of the Commencement Date; and (ii) to Landlord’s knowledgeEnvironmental Laws. Tenant, 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 LandlordTenant’s sole cost and expense, shall promptly discharge and remove any lien arising from Tenant’s violation of any of the Environmental Laws, such action to be completed within thirty (30) days after Tenant first receives notice of such lien or violation or such shorter period of time if required (1) by the governmental agency enforcing the correction of such violation, or (2) to prevent the holder of any such lien from forcing the sale of the Premises.

Hazardous Materials. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project 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 (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises 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 any extension or renewal hereof or any holding over by Tenant has received notice of any Hazardous Materials Claim against any portion hereunder or (d) contamination of the Premises Project occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProject by a Tenant Party, then Tenant shall promptly obtain Indemnify the Landlord Indemnitees from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, 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 Project. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) 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 Project, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any occurrence and all Claims arising from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party. 21.2 Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or condition on or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises will and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in Subsection 21.2(m) or (n). For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from Tenant. Landlord may, any governmental authority or any other Person relating to at Landlord’s expense, cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with Applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3 Tenant represents and warrants to Landlord that it is not nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (a) subject to a material enforcement order issued by any Governmental Authority or (b) required to take any remedial action. 21.4 At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, and except for right to conduct appropriate tests of the Project or 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, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5 If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6 Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises of which Tenant becomes aware. 21.7 Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8 As used herein, the term “Hazardous Material” means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority.

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, ▇▇▇▇▇▇▇ Park I and ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, Cambridge, Massachusetts, dated December 2004, and prepared by Gannett ▇▇▇▇▇▇▇” 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 ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ or Ms. ▇▇▇▇▇▇ ▇▇▇▇▇▇, 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 ▇▇▇▇▇ 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. (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 extension or renewal hereof or holding over hereunder, or (iv) contamination of the Premises Property occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProperty by a Tenant Party, then Tenant shall promptly obtain 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 permits demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and approvals necessary to remedy 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 Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property, (y) damages arising from any adverse impact on marketing of space in the Property or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such actual breach or suspected problem through the contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, 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 Property. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Property, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Property, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Property, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Property, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of any occurrence damages, compensation or condition on benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. (b) Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with applicable Laws and Environmental Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (i) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any Environmental Laws, (ii) a list of any and all approvals or permits from governmental authorities required in connection with the risk that any portion presence of such Hazardous Material at the Premises will and (iii) correct and complete copies of (x) notices of violations of applicable Laws related to Hazardous Materials and (y) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Property (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all governmental authorities for any storage tanks installed in, on, under or about the Property for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless there are any changes to the Hazardous Materials Documents or Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from Tenant. Landlord may, any governmental authority or any other Person relating to at T▇▇▇▇▇’s expense, cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with Applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates non-compliance with this Lease or applicable Laws, including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. (c) At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, and except for right to conduct appropriate tests of the Property or 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, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Property in violation of any this Lease. (d) If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. (e) Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. (f) Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials, Tenant shall be deemed a holdover tenant and subject to the provisions of Section 12.1. (g) As of the date of this Lease, Landlord has received no notice that Hazardous Materials at Landlord’s sole cost and expenseare present in the Building in violation of Environmental Laws.

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’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 The Borrower Parties shall, and shall cause each of the Premises shall comply Macerich Core Entities to, do the following: (1) Keep and maintain all Designated Environmental Properties in material compliance with all any Hazardous Materials LawsLaws unless the failure to so comply would not be reasonably expected to result in a material adverse effect to such Designated Environmental Property or the owner thereof. (2) Promptly cause the removal of any Hazardous Materials discharged, except for disposed of, or otherwise released in, on or under any items set forth on Exhibit “D”. If any Designated Environmental Activities occur or Properties that are suspected to have occurred in violation of any Hazardous Materials Laws and which would be reasonably expected to result in a material adverse effect to such Designated Environmental Property or the owner thereof, and cause any remediation required by Tenant during any Hazardous Material Laws or Governmental Authority to be performed, though no such action shall be required if any action is subject to a good faith contest. In the Term course of carrying out such actions, the Borrower shall provide the Administrative Agent with such periodic information and notices regarding the status of investigation, removal, and remediation, as the Administrative Agent may reasonably require. (3) Promptly advise the Administrative Agent, the Issuing Lender, the Swing Line Lender and each Lender in writing of any of the following: (i) any Hazardous Material Claims known to the Borrower which would be reasonably expected to result in a material adverse effect to an Environmental Property or if Tenant has received the owner thereof; (ii) the receipt of any 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 alleged violation of Hazardous Materials or otherwiseLaws with respect to an Environmental Property (and the Borrower shall promptly provide the Administrative Agent, the Issuing Lender, the Swing Line Lender and upon Landlord’s approval Lenders with a copy of such notice of violation), provided that such alleged violation, if true (and if any release 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 alleged therein were not promptly remediated), would result in a breach of subsections (1) or (2) above; and good business practices. During (iii) 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 Designated Environmental Properties that materially increase the risk that any portion of the Premises will could reasonably be exposed expected to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority cause such Designated Environmental Properties or any other Person relating part thereof to Hazardous Materials Laws or Hazardous Materials Claims with respect to be in violation of clauses (1) or, if not promptly remediated, (2) above. If the Administrative Agent, the Issuing Lender, the Swing Line Lender and/or any portion of the Premises, including copies thereof. Landlord Lender 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, be joined in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents , each Borrower Party shall indemnify, defend, and warrants hold harmless such Person with respect to Tenant that: any liabilities and out-of-pocket expenses arising with respect thereto, including reasonable attorneys’ fees and disbursements. (i4) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as Comply with each of the Commencement Date; covenants set forth in subsections (1), (2) and (ii3) of this Section 7.9 with respect 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 all other Properties of the Premises Borrower and Macerich Core Entities unless the failure to so comply would not reasonably be expected to result 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 expensea Material Adverse Effect.

Hazardous Materials. The term “Hazardous Materials” means any substance, material, or waste that 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 or in the Project. Tenant shall not use, generate, store, or dispose of, or permit the use, generation, storage or disposal of Hazardous Materials on or about the Premises or the Project except in a manner and quantity necessary for the ordinary performance of Tenant’s use business, and then in compliance with all Laws. If Tenant breaches its obligations under this Section 24(w), Landlord may upon five (5) days prior notice to Tenant, or such shorter time required by Law or in order to minimize any hazard to person or property, 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, and Tenant shall reimburse to Landlord an amount equal to Landlord’s costs plus three percent (3%) for overhead which shall be payable within thirty (30) days after Tenant’s receipt of an invoice therefor, together with commercially reasonable supporting evidence. Notwithstanding Landlord’s indemnity contained in Section 11(d) above, Tenant shall defend, indemnify, and hold harmless Landlord and its representatives and agents from and against any and all Claims(including reasonable attorneys’ fees, cost of clean-up investigation and remediation and diminution in the value 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 other portion of the Premises as a result of Project) arising from Tenant’s acts failure to comply with the provisions of this Section 24(u). To the extent that Landlord is held strictly liable by a court or omissions during governmental agency of competent jurisdiction, Tenant’s obligation to Landlord under the foregoing indemnification shall likewise be without regard to fault on Tenant’s part. This indemnity provision shall survive the end of 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 (a) Lessee shall operate and maintain the CREZ Assets and conduct all of the Premises shall comply its other activities in respect thereof in compliance in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur Laws and other Applicable Laws relating to air, water, land and the generation, storage, use, handling, transportation, treatment or are suspected to have occurred in violation disposal of Hazardous Materials. Lessee shall promptly notify Lessor of any Hazardous Materials Laws by Tenant during such violation that is a Lessor Material Matter. To the Term or if Tenant has received notice extent Lessee becomes aware of any Hazardous Materials Claim against environmental, health, safety or security matter that requires a corrective action, Lessee shall (in consultation with Lessor in the case of any portion of Lessor Material Matter) undertake and complete such corrective action. Lessee shall have the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary obligation to remedy report 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 violations to the satisfaction of Landlord and all applicable governmental authorities, appropriate Regulatory Authorities in accordance with all Hazardous Materials Laws and good business practices. During the TermApplicable Law and, Tenant if practicable, 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 give notice thereof 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 Lessor prior 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 making such report with respect to any portion Lessor Material Matter. (b) Without limiting the generality of the Premisesforegoing, 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: not (i) to Landlord’s knowledgeplace or locate any underground tanks on the property underlying the CREZ Assets, 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 knowledgegenerate, no Environmental Activities in violation manufacture, transport, produce, use, treat, store, release, dispose of any or otherwise deposit Hazardous Materials in or on the CREZ Assets, the property underlying the CREZ Assets or any portion thereof other than as permitted by Environmental Laws have occurred prior that govern the same or are applicable thereto, (iii) permit any other substances, materials or conditions in, on or emanating from the CREZ Assets, the property underlying the CREZ Assets or any portion thereof which may support a claim or cause of action under any Applicable Law or (iv) undertake any action that would reasonably be expected to 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 cause an unauthorized release of Hazardous Materials at Landlordthe property underlying the CREZ Assets. (c) Lessee shall periodically, at intervals determined in its reasonable discretion in accordance with Good Utility Practice or as required by Applicable Law, at Lessee’s sole cost expense, conduct inspections of all components of the CREZ Assets to ensure compliance with Applicable Laws and with this Section 4.6, and shall promptly notify Lessor of the results of any such inspections. Lessor may, at Lessor’s expense, conduct its own testing at times determined in its reasonable discretion, and after reasonable consultation with Lessee, to ensure Lessee’s compliance with Applicable Laws and with this Section 4.6, provided, however, that Lessor agrees to indemnify Lessee from and against any and all Claims suffered or incurred by Lessee and arising from Lessor’s testing in accordance with Section 12.2.

Hazardous Materials. Tenant’s use Except for ordinary and general office supplies typically used in the ordinary course of the Premises shall comply business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials” as defined in this Lease) which are used in strict compliance with all Hazardous Materials Lawsapplicable environmental laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur Tenant agrees not to cause or are suspected to have occurred in violation of permit any Hazardous Materials Laws by Tenant during the Term to be brought upon, stored, used, handled, generated, 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 Termon, 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 onin, under or about the Premises, the Building, the Common Areas or any other portion of the Premises in violation of any Hazardous Materials Laws; Project by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (d) collectively, “Tenant’s discovery Parties”), without the prior written consent of any occurrence or condition on or Landlord, which consent Landlord may withhold in its sole and absolute discretion. Notwithstanding the vicinity foregoing, Tenant shall have the right to use acetone in amounts reasonably necessary for the conduct of any portion its business if and only if the acetone is used, treated, stored, handled, transported and disposed of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; in strict compliance with all environmental laws 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 such use does not expose the Premises, including copies thereofthe Building or the soil, air or groundwater in or around the Premises to risk of contamination or expose Landlord to any liability therefor. Landlord shall have the right, right to review and except for any items noted on Exhibit “D” at inspect Tenant’s use, treatment, storage, handling, transportation and disposal of the acetone and Tenant’s records pertaining to the same. Upon the expiration or earlier termination of this Lease, Tenant agrees to promptly remove from the Premises, the Building and the Project, at its sole cost and expense expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant’s Parties. Except for ordinary and general office supplies typically used in the ordinary course of business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials” as defined in this Lease), Landlord agrees not to cause or permit any Hazardous Materials to be brought upon, stored, used, handled, generated, released or disposed of on, in, under or about the Premises, the Building, the Common Areas or any other portion of the Project by Landlord, its agents, employees, assignees, or s (collectively, “Landlord’s Parties”). To the fullest extent permitted by law, Tenant agrees to promptly indemnify, protect, defend and hold harmless Landlord and Landlord’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Landlord Indemnified Parties”) from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, Landlord’s reasonable clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs) and with counsel chosen by Landlordwhich arise or result from the presence of Hazardous Materials on, to join and participate in, as a party if it so electsunder or about the Premises, the Building or 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 other portion of the Commencement Date; Project and which are caused or permitted by Tenant or any of Tenant’s Parties (ii) regardless of whether or not Landlord consented to LandlordTenant’s knowledge, no Environmental Activities in violation use of any such Hazardous Materials Laws have occurred prior to Materials). 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 fullest extent permitted by law, Landlord hereby agrees to remedy promptly indemnify, protect, defend and hold harmless Tenant and Tenant’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Tenant Indemnified Parties”) from and against any such actual and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs) which arise or suspected problem through result from the removal presence of Hazardous Materials at on, in, under or about the Premises, the Building or any other portion of the Project and which are caused or permitted by Landlord or any of Landlord’s sole cost and expenseParties.

Hazardous Materials. Tenant’s use Except for Hazardous Materials generated in the normal course of business regarding the Premises Primary Intended Use (which Hazardous Materials shall comply be handled and disposed of in compliance with all Hazardous Materials Laws), except for no Hazardous Materials shall be installed, used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of, or otherwise present in, on or under the Leased Property. No activity shall be undertaken on the Leased Property which would cause (i) the Leased Property to become a treatment, storage or disposal facility of hazardous waste, infectious waste, biomedical or medical waste, within the meaning of, or otherwise bring the Leased Property within the ambit of RCRA or any items set forth Hazardous Material Laws, (ii) a release or threatened release of Hazardous Material from the Leased Property within the meaning of, or otherwise bring the Leased Property within the ambit of, CERCLA or SARA or any Hazardous Material Laws or (iii) the discharge of Haza▇▇▇▇s Material into any watercourse, surface or subsurface of body of water or wetland, or the discharge into the atmosphere of any Hazardous Material which would require a permit under any Hazardous Material Laws. No activity shall be undertaken with respect to the Leased Property which would cause a violation or support a claim under RCRA, CERCLA, SARA or any Hazardous Material Laws. No investigation, administrat▇▇▇ order, litigation or settlement with respect to any Hazardous Material is, to the best of the Lessee's knowledge, threatened or in existence with respect to the Leased Property. No notice has been served on Exhibit “D”. If Lessee from any Environmental Activities occur entity, governmental body or are suspected to have occurred in individual claiming any violation of any Hazardous Materials Laws Material Laws, or requiring compliance with any Hazardous Material Laws, or demanding payment or contribution for environmental damage or injury to natural resources. Lessee has not obtained and Lessee has no knowledge of any reason Lessee will be required to obtain any permits, licenses, or similar authorizations to occupy, operate or use the Improvements or any part of the Leased Property by Tenant during the Term or if Tenant has received notice reason of any Hazardous Materials Claim Material Laws. Lessee hereby agrees to indemnify and defend, at its sole cost and expense, and hold Lessor, its successors and assigns, harmless from and against and to reimburse Lessor with respect to any portion and all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney's fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by Lessor at any time and from time to time by reason or arising out of any breach or violation of the Premises as a result of Tenant’s acts above. Lessee shall, at its sole cost, expense, risk and liability, remove or omissions during cause to be removed from the Term, Tenant shall promptly obtain Leased Property all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials generated in connection with the Primary Intended Use and as found in hospital and healthcare facilities, including, without limitation, all infectious waste materials, syringes, needles and any materials contaminated with bodily fluids of any type, character or otherwise, and upon Landlord’s approval description of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, whatsoever nature in accordance with all Hazardous Materials Laws and good business practicesLaws. During the Term, Tenant Lessee shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation not dispose of any such infectious waste and Hazardous Materials Laws; (b) in any Hazardous Materials Claims against Tenant or any portion receptacles used for the disposal 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 expensenormal refuse.

Hazardous Materials. Tenant’s use Lessee shall ensure that the Leased Property and the operation of the Premises shall Facilities comply with all Hazardous Materials Laws. Except for Hazardous Materials generated in the normal course of business regarding the Primary Intended Use (which Hazardous Materials shall be handled and disposed of in compliance with all Hazardous Materials Laws), except no Hazardous Materials shall be installed, used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of, or otherwise present in, on or under the Leased Property or in connection with the operation of any Facility. No activity shall be undertaken on the Leased Property or in connection with the operation of any Facility which would cause (a) the Leased Property to become a treatment, storage or disposal facility of hazardous waste, infectious waste, biomedical or medical waste, within the meaning of, or otherwise bring the Leased Property within the ambit of RCRA or any Hazardous Materials Laws, (b) a release or threatened release of Hazardous Materials from the Leased Property within the meaning of, or otherwise bring the Leased Property within the ambit of, CERCLA or ▇▇▇▇ or any Hazardous Materials Laws or (c) the discharge of Hazardous Materials into any watercourse, surface or subsurface of body of water or wetland, or the discharge into the atmosphere of any Hazardous Materials which would require a permit under any Hazardous Materials Laws. No activity shall be undertaken with respect to the Leased Property or the operation of any Facility which would cause a violation or support a claim under RCRA, CERCLA, ▇▇▇▇ or any Hazardous Materials Laws. Lessee shall, at its sole cost, expense, risk and liability, remove or cause to be removed from the Leased Property all Hazardous Materials generated in connection with the Primary Intended Use and as found in hospital and 32 healthcare facilities, including, without limitation, all infectious waste materials, syringes, needles and any materials contaminated with bodily fluids of any type, character or description of whatsoever nature in accordance with all Hazardous Materials Laws. Lessee shall not dispose of any such infectious waste and Hazardous Materials in any receptacles used for the disposal of normal refuse. Lessee shall indemnify and defend, at its sole cost and expense, and hold Lessor and its successors and assigns, harmless from and against and to reimburse Lessor and its successors and assigns with respect to any items set forth on Exhibit “D”. If and all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney's fees and court costs) of any Environmental Activities occur and every kind or are suspected character, known or unknown, fixed or contingent, asserted against or incurred by Lessor and its successors and assigns at any time and from time to have occurred in time by reason or arising out of any breach by Lessee of this Section 8.2 or any violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice any Person other than Lessor, any 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 Lessor's Affiliates or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims their respective agents 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 representatives 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 expenseLeased Property.

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 Landlord represents to Tenant that, to the best knowledge of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of Landlord, 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 Building and the Premises will be exposed delivered to Hazardous Materials; Tenant on the Occupancy Date in compliance with all Applicable Laws, including all applicable environmental laws and (e) all communications the Americans with Disabilities Act of 1990, as such laws are interpreted and enforced on the Occupancy Date. Landlord further represents to or from TenantTenant that to the best knowledge of Landlord, any governmental authority or any other Person relating based on a review of the environmental reports and studies provided to Landlord, no Hazardous Materials Laws currently are located on the Land or Hazardous Materials Claims the Premises in an amount or in a manner that would be materially adverse to Tenant or in violation of applicable environmental laws, as such laws are currently interpreted and enforced on the date hereof. Any costs or expenses incurred by Tenant with respect to the removal or remediation of Hazardous Materials located in the Premises or the Building in violation of the foregoing representation by Landlord regarding Hazardous Materials, shall be reimbursed to Tenant by Landlord within thirty (30) days after a written demand by Tenant supported by reasonable written detail concerning the source and type of Hazardous Materials discovered by Tenant in or about the Premises and the cost of such removal or remediation; provided that Tenant shall first notify Landlord of the presence of such Hazardous Materials and allow Landlord a reasonable period to undertake such removal and remediation at Landlord’s expense prior to Tenant undertaking such removal or remediation. For purposes hereof, the phrase “the best knowledge of Landlord” shall mean the present, actual knowledge of the Property Manager directly employed by Landlord or any of its Affiliates at the Project. (b) Landlord and Tenant will not, at any time, use or authorize the use of any portion of 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 (includingParking Area, 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 Land to be used in violation of any Applicable Laws in effect as of the Commencement Date; Date relating to environmental conditions on, under or about the Building, including but not limited to asbestos, soil and ground water conditions and Hazardous Materials (ii) defined below). Neither Landlord nor Tenant shall at any time use, generate, store or dispose of on, under or about the Building or transport to Landlord’s knowledge, no Environmental Activities in violation of or from the same any Hazardous Materials Laws have occurred prior or permit or allow any third party to do so, without compliance with all Applicable Laws. Landlord and Tenant shall defend, indemnify and hold the Commencement Date which have not been remedied other harmless from and against any and all losses, damages, costs (including reasonable attorneys’ fees), liabilities and claims arising from their respective failure to perform in fullaccordance with the foregoing. Notwithstanding anything to the contrary contained As used herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Dateterm “Hazardous Materials” means any hazardous or toxic substance that is listed or defined as a “hazardous waste,” “restricted hazardous waste,” or “hazardous substance” under any municipal, and, if required by state or federal law, Landlord hereby agrees code or other regulation, or which would require removal, treatment or remedial action pursuant to remedy any such actual standards established by the California Department of Health Services. This Section 31.18 shall not be construed to limit the provisions of Article 2 nor to permit use or suspected problem through the removal storage of Hazardous Materials at Landlord’s sole cost the Project other than in immaterial quantities necessary to the uses permitted under Article 2 and expensewhich do not require any permit or variance from governmental authority having jurisdiction.

Hazardous Materials. Tenant’s use of the Premises (a) Tenant 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 to have occurred in violation of permit any Hazardous Materials Laws by (as hereinafter defined) to be generated, used, released, stored or disposed of in or about the Premises, provided that Tenant during the Term or if Tenant has received notice may use, store and dispose 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 reasonable quantities of Hazardous Materials commonly used in motor vehicle retail or otherwiserelated business operations as may be reasonably necessary for Tenant to conduct such operations, provided such Hazardous Materials are used, stored and upon Landlord’s approval disposed of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Environmental Laws (as hereinafter defined) and good business practicescommercially reasonable standards prevailing in the motor vehicle retail and related industries. During At the Termexpiration or earlier termination of this Lease, Tenant shall immediately advise surrender the Premises to Landlord free of Hazardous Materials and in writing of: (a) any compliance with all Environmental Activities in violation of Laws, without regard to whether any Hazardous Materials Laws; or violations of Environmental Laws existed at the Premises as of the Lease Commencement Date. "HAZARDOUS MATERIALS" means (bi) asbestos and any asbestos containing material, (ii) any Hazardous Materials Claims against Tenant substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any portion other applicable Law as a "hazardous substance," "hazardous material," "hazardous waste," "infectious waste," "toxic substance," "toxic pollutant" or any other formulation intended to define, list, or classify substances by reason of the Premises; deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (cTCLP) toxicity, and (iii) any remedial action taken by Tenant in response petroleum product, cleaning solvents, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or by-product material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other substance whose presence could be detrimental to the Premises or hazardous to health or the environment. "ENVIRONMENTAL LAW" means any present and future Laws, permits and other requirements or guidelines of governmental authorities applicable to the Premises and relating to the environment and environmental conditions, industrial hygiene, public health or safety, or 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 Material (including, without limitation, Landlord’s reasonable attorneys’ fees CERCLA, 42 U.S.C.ss. 9601 et seq., the Resource Conservation and costs) Recovery Act o▇ ▇▇▇▇, 42 U.S.C.ss.6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C.ss. 1801 et seq., the Federal Water Pollution Control Act, 33 ▇.▇.▇.▇▇.1251 et seq., the Clean Air Act, 33 U.S.C.ss.7401 et seq., the Toxic Substances Control Act, 15 U.S.C.ss. 2601 et seq., the Safe Drinking Water Act, 42 U.S.C.ss.300▇ ▇▇ ▇▇▇., the Emergency Planning and with counsel chosen by LandlordCommunity Right-To-Know Act, to join 42 U.S.C.ss.1101 et seq., the Occupational Safety and participate inHealth Act, as a party if it so elects29 U.S.C.ss.651 et seq., and any so-called "Super Fund" or "Super Lien" law, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents Law requiring the filing of reports and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or notices relating to Hazardous Materials, environmental laws administered by the Facility or the Premises as of the Commencement Date; Environmental Protection Agency, 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 similar state and expenselocal Laws.

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.

Hazardous Materials. Tenant21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant or its employees, agents, 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 Project, any portion thereof, or any adjacent property, or if contamination of the Project, any portion thereof, or any adjacent property by Hazardous Materials otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims, including (a) diminution in value of the Project or any portion thereof, (b) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises shall comply Project, (c) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and (d) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with all any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials Lawspresent in the air, except for any items set forth soil or groundwater above, on Exhibit “D”or under or about the Project. 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 the Project, any portion thereof or any adjacent property caused or permitted by Tenant results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. 21.2 Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Phase 1 Commencement Date a list identifying each type of Hazardous Material to be present at the Project and setting forth any and all governmental approvals or permits required in connection with the presence of such Hazardous Material at the Project (the “Hazardous Materials List”). Tenant shall deliver to Landlord an updated Hazardous Materials List on or prior to each annual anniversary of the Phase 1 Commencement Date and shall also deliver an updated Hazardous Materials List before any new Hazardous Materials are brought to the Project. Tenant shall deliver to Landlord true and correct copies of the following documents (hereinafter referred to as the “Documents”) relating to the handling, storage, disposal and emission of Hazardous Materials prior to the Phase 1 Commencement Date or, if unavailable at that time, concurrently with the receipt from or submission to any Governmental Authority: permits; approvals; reports and correspondence; storage and management plans; notices of violations of Applicable Laws; plans relating to the installation of any storage tanks to be installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion); and all closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks. Tenant shall not be required, however, to provide Landlord with any portion of the Premises Documents containing information of a proprietary nature, which Documents, in violation and of themselves, do not contain a reference to 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 activities related to Hazardous Materials; and . 21.3 Notwithstanding the provisions of Sections 21.1 21.2 or 21.9, if (ea) all communications to or from Tenant, any governmental authority Tenant or any other Person relating proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials Laws contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials Claims Materials, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any portion such matter involving Tenant), and it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4 At any time, and from time to time, prior to the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for right to conduct appropriate tests of the Project or any items noted on Exhibit “D” at portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to Tenant or Tenant’s sole cost and expense (includingemployees, without limitationagents, Landlord’s contractors or invitees. Tenant shall pay all reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party costs of such tests if it so elects, any legal proceedings or actions initiated in connection with any such tests reveal that 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 exist at the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5 If underground or other storage tanks storing 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 are placed on the Premises in existence prior by or on behalf of Tenant, Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Commencement Date, and, if required by law, Applicable Laws. 21.6 Tenant shall promptly report to Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7 Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 28 below. 21.8 As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. Tenant’s Lessee, its Agents, Employees and contractors, at all times, shall keep the Leased Premises and common areas free of non-contained Hazardous Materials to the extent caused by Lessee or its Agents, Employees, or contractors. Lessee may keep (some) properly stored fuels, oil and other products necessary for, and ancillary to use on an aircraft/helicopter or directly tied to the nature of the business activities associated with this Agreement. Lessee shall not generate, manufacture, release, or dispose of Hazardous Materials in, on, or about the Leased Premises shall comply or the Common Areas. Lessee acknowledges that it is responsible for compliance during the entire term of this Agreement with all federal, state, and local laws, rules and regulations relating to the emission into the air, discharge onto lands and ground and surface waters, storage, use, and disposal of hazardous or toxic materials, substances, and wastes (collectively, “Hazardous Materials”), and all other federal, state and local environmental laws, rules and regulations applicable to the Leased Premises (collectively, “Environmental Laws”). Lessee shall not store, use, or dispose of on the Leased Premises or the Airport grounds any Hazardous Materials except in strict compliance with all applicable Environmental Laws. Further, except for Lessee shall not permit any items set forth on Exhibit “D”. If any Environmental Activities occur of its subtenants to store, use, or are suspected to have occurred in violation dispose of any Hazardous Materials Laws by Tenant during on the Term Leased Premises or Airport grounds except in strict compliance with all applicable Environmental Laws. In the event that Lessee or any of its subtenants causes or contributes to any soil, air, groundwater, surface water, or other environmental contamination (collectively, “Environmental Contamination”), 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 Contamination is attributable to any Hazardous Materials Claims brought onto the Leased Premises or the Airport grounds by Lessee or any Hazardous Materials onof its subtenants, under Lessee shall at its sole expense promptly take all investigatory and/or remedial action reasonably required for the remediation of such Environmental Contamination. Prior to undertaking any investigatory or about any portion of the Premises in violation remedial action, however, Lessee shall first obtain Lessor’s approval of any Hazardous Materials Laws; (d) Tenant’s discovery of proposed investigatory or remedial action. Should Lessee fail at any occurrence or condition on or in time to promptly take such action, Lessor may enter the vicinity of any portion of the Leased 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” undertake such action 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 LandlordLessee’s sole cost and expense, and Lessee shall reimburse Lessor for all such expenses within thirty (30) days of being billed for those expenses, and any amount not paid within that thirty (30) day period shall thereafter be deemed delinquent rent. These obligations are in addition to any defense and indemnity obligations that Lessee may have under this Agreement.

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 Landlord and Tenant agree as follows with ------------------- respect to the existence or use of "Hazardous Material" (as defined below) on the Premises: A. Tenant shall be entitled to cause such inspections, soils and groundwater tests, and other evaluations to be made of the Premises as Tenant deems necessary regarding (i) the presence and use of Hazardous Materials in or about the Premises, and (ii) the potential for exposure of Tenant's employees and other persons to any Hazardous Materials used and stored by previous occupants in or about the Premises. To facilitate assigning responsibility for the presence of any Hazardous Materials on the Premises, Tenant shall comply use its best efforts to take all samples of soil and groundwater necessary in the course of its inspection and evaluation before the Commencement Date as to each Building, and shall thereafter cause the evaluation of such samples to be conducted as promptly as reasonably possible. B. Landlord hereby makes the following warranties and representations to Tenant, each of which is made to the best of Landlord's knowledge as of the date of this Lease: (1) Any handling, transportation, storage, treatment, disposal, release or use of Hazardous Materials that has occurred on the Premises prior to the date hereof has been in compliance with all Hazardous Materials Laws. (2) The Premises are, except for any items set forth and Landlord's operations concerning the Premises are, as of the date of this Lease, in compliance with all Hazardous Materials Laws. (3) The soil and groundwater on Exhibit “D”. If any Environmental Activities occur or under the Premises are suspected to have occurred free of Hazardous Materials in violation of amounts which would (i) violate 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 extent that any governmental entity could require either Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, or 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) to take 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 such Hazardous Materials, or (ii) pose a substantial risk of impairing the health of any portion of person on or about 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 Premises (including, without limitation, Landlord’s reasonable attorneys’ fees and costsTenant's employees, agents or invitees). (4) and with counsel chosen by LandlordNeither the Premises nor any improvements thereon or personal property contained therein contains PCBs or asbestos. (5) No litigation has been brought or threatened, to join and participate in, as a party if it so elects, nor any legal proceedings or actions initiated in connection settlements reached with any governmental or private party, concerning the actual or alleged presence of Hazardous Materials Claims. on or about the Premises or any disposal, release or threatened release of Hazardous Materials in or about the Premises prior to the date of this Lease. C. Landlord warrants and represents and warrants to Tenant that: that it has received no notice of (i) any violation, or alleged violation, of any Hazardous Material Law that has not been corrected to Landlord’s knowledgethe satisfaction of the appropriate authority, there are not (ii) any pending claims or causes of action arising out or relating to the Facility presence of Hazardous Material on the Premises, or (iii) any pending investigation by any governmental agency concerning the Premises as of the Commencement Date; and (ii) relating to Landlord’s knowledge, no Environmental Activities in violation Hazardous Materials. Landlord is not aware 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 hereinreports, in no event shall Tenant be responsible for conditions studies or other written evidence of any investigation of the Premises in existence prior to determine the presence of Hazardous Materials. Each party shall deliver to the Commencement Dateother copies of any report, and, if required by law, Landlord hereby agrees to remedy study or other written evidence of any such actual or suspected problem through investigation which comes into the removal possession of such party. Tenant shall notify Landlord in writing of all Hazardous Materials at Landlord’s sole cost and expense(except in incidental quantities) which Tenant brings onto the premises.

Hazardous Materials. Tenant’s use (a) The Borrower and each of its Subsidiaries is in compliance with all applicable Environmental Laws in all material respects, and has been issued and maintains all required federal, state and local permits, licenses, certificates and approvals pertaining to Hazardous Materials that are germane to the conduct of its business. Neither the Borrower nor any of its Subsidiaries has been notified of any pending or threatened action, suit, proceeding or investigation which, and neither the Borrower nor any of its Subsidiaries is aware of any facts, which (i) calls into question, or could reasonably be expected to call into question, compliance by the Borrower or any of its Subsidiaries with any Environmental Laws, (ii) seeks, or could reasonably be expected to form the basis of a meritorious proceeding to seek, to suspend, revoke or terminate any license, permit, certification or approval pertaining to Hazardous Material that is germane to the conduct of its business, or (iii) seeks to cause, or could reasonably be expected to form the basis of a meritorious proceeding to cause, any property of the Premises shall comply with all Hazardous Materials LawsBorrower or any of its Subsidiaries to be subject to any restrictions on ownership, except for any items set forth on Exhibit “D”. If use, occupancy or transferability under any Environmental Activities occur Law; (b) Neither the Borrower nor any of its Subsidiaries, nor, to the best of Borrower's knowledge, any previous owner or are suspected to have occurred in violation operator of any real property owned or operated by the Borrower or any of its Subsidiaries or any other Person, has managed, generated, stored, released, treated, or disposed of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against Material on any portion of the Premises as a result of Tenant’s acts such property, or omissions during the Term, Tenant shall promptly obtain transferred or caused to be transferred any Hazardous Material from such property to any other location except in compliance with all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Environmental Laws. Except for Hazardous Materials or otherwise, and upon Landlord’s approval necessary for the routine maintenance of the remediation planProperties owned or operated by the Borrower and its Subsidiaries and as used in the ordinary course of the Borrower's or its Subsidiaries' business, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, which Hazardous Material shall be used in accordance with all Hazardous Materials Laws applicable Environmental Laws, the Borrower covenants it shall, and good business practices. During the Termshall cause each of its Subsidiaries to, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of not permit 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 be brought 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 real property owned or operated by the Premises as of the Commencement Date; Borrower and (ii) to Landlord’s knowledgeits Subsidiaries, 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 hereinor if so brought or found located thereon, 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.immediately removed,

Hazardous Materials. (a) Any Hazardous Materials (as hereinafter defined) brought upon, kept or used in or about the Premises or the Airport by Tenant, its agents, employees, contractors or invitees, shall be necessary or useful to Tenant’s use business and shall be used, kept and stored in a manner that complies with all laws, statutes, ordinances, rules, regulations, orders, requirements, and policies of any and all governmental agencies and authorities applicable to any such Hazardous Materials (“Hazardous Materials Laws”). (b) If Tenant breaches the obligations stated in subparagraph (a) of this Section 4.4, or if the presence of Hazardous Materials on the Premises after the Effective Date results in contamination of the Premises shall comply with all or the Airport, or if Hazardous Materials Lawsare otherwise discharged or released from the Premises after the Effective Date, except then Tenant shall indemnify, defend and hold City harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in value of the Airport, damages for the loss or restriction on use of rentable or usable space or of any items set forth amenity of the Airport, damages arising from any adverse impact on Exhibit “D”marketing of space in the Airport, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the term of this Lease as a result of such breach, contamination, discharge or release. If This indemnification of City by Tenant includes, without limitation, costs incurred in connection with any Environmental Activities occur investigation of site conditions or are suspected to have occurred in violation any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials present in, on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials Laws by Tenant during on the Term or if Tenant has received notice of Premises after the Commencement Date results in any Hazardous Materials Claim against any portion contamination of the Airport, or otherwise results in the release or discharge on, under or from the Premises as a result of Tenant’s acts or omissions during the TermHazardous Materials, Tenant shall promptly obtain take all permits and approvals actions at its sole expense as are necessary to remedy return the Airport to the condition existing prior to the introduction of any such actual or suspected problem through the removal of Hazardous Materials to the Airport or otherwise, and upon Landlordto otherwise remove and/or ▇▇▇▇▇ the release or discharged Hazardous Materials; provided that City’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 planAirport, remedy any such problem to will not unreasonably interfere with the satisfaction use and enjoyment of Landlord other portions of the Airport, and all applicable governmental authorities, will be performed in accordance with all Hazardous Materials Laws and good business practicesLaws. During Upon the Termtermination of this Lease, Tenant ▇▇▇▇▇▇ shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation surrender the Premises to City free of any and all Hazardous Materials and in compliance with all Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant . This indemnification shall survive the termination or any portion expiration of the Premises; this Lease. (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onFor the purpose of this Section 4.4, 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 term “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 (includingincludes, without limitation, Landlord’s reasonable attorneys’ fees any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and costs) and with counsel chosen by Landlord, to join and participate inLiability Act of 1980, as a party if it so electsamended (42 U.S.C. §9601 et seq.), any legal proceedings or actions initiated in connection with any the Hazardous Materials Claims. Landlord represents Transportation Act, as amended (49 U.S.C. §1801 et seq.), the Resource Conservation and warrants to Tenant that: Recovery Act of 1976, as amended (i) to Landlord’s knowledge42 U.S.C. §9601 et seq.), there are not pending claims or causes of action arising out or relating to the Facility or the Premises as Section 25117 of the Commencement Date; and (ii) to Landlord’s knowledgeCalifornia Health & Safety Code, 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 Section 25316 of the Premises California Health & Safety Code, and in existence prior the regulations adopted and publications promulgated pursuant to them, or any other federal, state or local environmental laws, ordinances, rules or regulations concerning the Commencement environment, industrial hygiene or public health or safety now in effect or enacted after the Effective 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 will not permit any Hazardous Material (as defined below) to be brought upon, kept or used in or about the Building Complex by Tenant or Tenant’s Agents, without the prior written consent of Landlord (which Landlord will not unreasonably withhold as long as Tenant demonstrates to Landlord’s reasonable satisfaction that such Hazardous Material is necessary to Tenant’s business and Tenant agrees that it will be used, kept, stored and removed in compliance with requirements imposed by Applicable Laws and in accordance with customary industry standards applicable to such Hazardous Material). Notwithstanding the foregoing, Landlord consents to Tenant’s use and storage of reasonable quantities of standard office, cleaning and kitchen supplies consistent with the Premises shall comply Permitted Use provided that they are used, kept, stored and removed in compliance with requirements imposed by Applicable Laws and in accordance with customary industry standards applicable to such Hazardous Material. Tenant will deliver to Landlord promptly true and complete copies of all notices received by Tenant from any governmental authority with respect to such Hazardous Materials. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including reasonable attorneys’ fees, consultant fees and expert fees) which arise during or after the arising out of or related to such 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 Applicable Laws brought upon, kept or used in or about the Building Complex 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 TermAgents; provided, Tenant however, that Tenant’s indemnification obligations under this Section 27.23(a) 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 not apply to the satisfaction mere discovery of a pre-existing environmental or physical condition at the Building Complex, nor to the extent such claims arise from the negligence or willful misconduct 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 Premisesits agents, contractors or employees; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onprovided, 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 Tenantfurther, 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 hereinhowever, in no event shall Tenant be responsible liable to Landlord for compensation or claims for inconvenience or loss of business, rents, or profits. This indemnification includes Landlord’s costs in connection with any investigation of site conditions of the Premises in existence prior to the Commencement Dateor any clean-up, andremedial, if removal or restoration work required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Applicable Laws because of Hazardous Materials at LandlordMaterial brought upon, kept or used in or about the Building Complex by Tenant or Tenant’s sole cost and expense.Agents. As used herein, “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes

Hazardous Materials. Unless otherwise set forth herein, it is the agreement of the parties that, as between Landlord and Tenant’s use : (a) Landlord shall be responsible for costs and necessary remediation, if any, resulting from Hazardous Materials (as hereinafter defined) that are attributable to Landlord, or caused by neighboring properties, or that are determined to have existed at the Premises prior to the date Tenant first took possession of the Premises (including under any prior lease or sublease at the Premises), and (b) Tenant shall comply with all be responsible for costs and necessary remediation of Hazardous Materials, if any, that are attributable to Tenant, or that first became present on the Premises on or after the date Tenant first took possession of the Premises (including, without limitation, under any prior lease or sublease). In furtherance of the foregoing: 11.1.1. Tenant represents and warrants that to Tenant’s actual knowledge, no 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 Environmental Law (as hereinafter defined) are present at 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 practicesEffective Date. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of not cause or permit the Premises to become contaminated by any Hazardous Materials Laws; (b) any being brought upon, kept or used in or about the Premises by Tenant, its agents, employees, or contractors. Notwithstanding the foregoing, Tenant may bring ordinary amounts of Hazardous Materials Claims against Tenant used in connection with Tenant’s business (including, but not limited to, cleaning solutions) so long as the same is used, stored and disposed of in accordance with applicable law. If the presence of Hazardous Materials on the 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 copies thereof. Landlord shall have or if contamination of 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 Premises 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 Claimsotherwise occurs for which, under applicable law, Tenant is liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from Environmental Damages (as hereinafter defined) caused by Tenant. 11.1.2. Landlord represents and warrants to Tenant that: (i) , to Landlord’s actual knowledge, there no Hazardous Materials in violation of Environmental Law (as hereinafter defined) are not pending claims or causes of action arising out or relating to the Facility or present at the Premises as of the Commencement Effective Date; . Landlord agrees to indemnify, defend and (ii) hold Tenant and its officers, directors, employees, and agents harmless from any Environmental Damages that are attributable to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred that existed at or under the Premises or prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall date Tenant be responsible for conditions first took possession of the Premises in existence (including without limitation under any prior to lease or sublease). 11.1.3. As used herein, “Hazardous Materials” shall mean any hazardous or toxic chemical, waste, byproduct, pollutant, contaminant, compound, product or substance, including, without limitation, asbestos, polychlorinated biphenyls, petroleum (including crude oil or any fraction or by-product thereof), underground storage tanks, and any material the Commencement Dateexposure to, andor manufacture, if required possession, presence, use, generation, storage, transportation, treatment, release, disposal, abatement, cleanup, removal, remediation or handling of which is prohibited, controlled or regulated 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 Law.

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 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. 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, ▇▇▇▇▇, 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 The CNL Entities have caused Phase I and the other environmental assessments as set forth in Schedule 6.15 to be conducted or have taken other steps to investigate the past and present environmental condition and use of their Real Properties. Based on such investigation, except as otherwise disclosed in the Premises shall comply assessments listed on Schedule 6.15 and subject to Section 7.9(1): (1) to the Best of Borrower’s Knowledge, no Hazardous Materials have been discharged, disposed of, or otherwise released on, under, or from the Real Properties so as to be reasonably expected to result in a violation of Hazardous Materials Laws and a material adverse effect to such Real Property or the owner thereof; (2) the Mortgaged Property Owners with respect to the Mortgaged Properties, and to the Best of Borrower’s Knowledge, the owners of the other Real Properties, have obtained all material environmental, health and safety permits and licenses necessary for their respective operations, and all such permits are in good standing and the holder of each such permit is currently in compliance with all terms and conditions of such permits, except with respect to Real Properties other than the Mortgaged Properties, to the extent the failure to obtain such permits or comply therewith is not reasonably expected to result in a Material Adverse Effect or any material violation of Hazardous Materials Laws or in a material adverse effect to such Real Property or the owner thereof; (3) none of the Mortgaged Properties, or to the Best of Borrower’s Knowledge, the other Real Properties is listed or proposed for listing on the National Priorities List (“NPL”) pursuant to CERCLA or on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar applicable state list of sites requiring remedial action under any Hazardous Materials Laws; (4) none of the Mortgaged Property Owners with respect to the Mortgaged Properties, except or to the Best of Borrower’s Knowledge, the owners of the other Real Properties has sent or directly arranged for the transport of any items set forth hazardous waste to any site listed or proposed for listing on Exhibit “D”. If the NPL, CERCLIS or any Environmental Activities occur similar state list; (5) to the Best of Borrower’s Knowledge, there is not now on or are suspected to have occurred in any Real Property: (a) any landfill or surface impoundment; (b) any underground storage tanks; (c) any asbestos-containing material; or (d) any polychlorinated biphenyls (PCB), which in the case of any of clauses (a) through (d) could reasonably result in a violation of any Hazardous Materials Laws by Tenant during and a material adverse effect to such Real Property or the Term or if Tenant owner thereof; (6) to the Best of Borrower’s Knowledge, no environmental Lien has received notice attached to any Real Properties; and (7) to the Best of any Hazardous Materials Claim against any portion of Borrower’s Knowledge, no other event has occurred with respect to 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 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 under the Real Properties, which would reasonably be expected to result 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 expenseMaterial Adverse Effect.

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 contracts) 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 violations) 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 (includingwhich Tenant agrees to pay on demand from Landlord as additional rent. Tenant hereby agrees to indemnify, defend, save and keep Landlord, and Landlord's officers, employees, partners, successors and assigns, harmless from any and all liabilities, obligations, charges, losses, damages, penalties, claims, actions and expenses, including without limitation, Landlord’s reasonable attorneys’ engineers' and professional fees, soil tests and chemical analysis, court costs and legal fees and costs) expenses through all trial, appellate and with counsel chosen administrative levels, imposed on, incurred by or asserted against Landlord, to join and participate inin any way relating to, as a party if it so electsarising out of, any legal proceedings or actions initiated in connection with any the use, handling, storage, transportation or disposal of the 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 on the Premises as and/or the Project. The foregoing indemnification shall survive any assignment or termination 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. Except for (i) ordinary and general office supplies typically used in the ordinary course of business, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials” as defined in this Lease), in ordinary quantities, (ii) those Hazardous Materials that are necessary for Tenant’s use business, provided that such usage and storage is only to the extent of the Premises shall comply with all Hazardous Materials Lawsquantities as reasonably necessary in the ordinary course of Tenant’s business, except for any items set forth on Exhibit “D”. If any Environmental Activities occur Tenant agrees not to cause or are suspected to have occurred in violation of permit any Hazardous Materials Laws by Tenant during the Term to be brought upon, stored, used, handled, generated, 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 Termon, 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 onin, under or about any portion of the Premises by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, “Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in violation its sole and absolute discretion. Upon the expiration or earlier termination of this Lease, Tenant agrees to promptly remove from the Premises, at its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises or any portion thereof by Tenant or any of Tenant’s Parties. Landlord reserves the right, during the last one hundred eighty (180) days of the Term, to have an experienced and qualified environmental consultant perform an environmental inspection of the Premises to determine the existence of any Hazardous Materials for which Tenant is responsible for their removal. If Landlord’s inspection reveals or confirms the existence of any such Hazardous Materials (except for Hazardous Materials that have been previously approved by Landlord in writing and such Hazardous Materials have been used, handled, stored and disposed of in accordance with all applicable Environmental Laws), or if Landlord has reasonable cause to believe that any such Hazardous Materials are likely to exist at the Premises, then Tenant shall be responsible for the cost of such inspection; in all other instances, Landlord shall be responsible for the cost of such inspection. To the fullest extent permitted by law, Tenant agrees to promptly indemnify, protect, defend and hold harmless Landlord and Landlord’s members, managers, partners, officers, directors, employees, agents, successors and assigns (dcollectively, “Landlord Indemnified Parties”) and lenders from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs) which arise or result from the presence of Hazardous Materials on, in, under or about the Premises and which are caused or permitted by Tenant or any of Tenant’s discovery Parties. Tenant agrees to promptly notify Landlord of any occurrence or condition on or in the vicinity release of any portion of Hazardous Materials at the Premises that materially increase which Tenant becomes aware of during the risk that any portion Term of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenantthis Lease, any governmental authority whether caused by Tenant or any other Person relating to persons or entities. In the event of any release of Hazardous Materials Laws caused or Hazardous Materials Claims with respect to permitted by Tenant or any portion of the PremisesTenant’s Parties, including copies thereof. Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems reasonably necessary or appropriate to remediate such release and except for prevent any items noted on Exhibit similar future release to the reasonable satisfaction of Landlord and Landlord’s mortgagee(s). As used in this Lease, the term “DHazardous Materials” at Tenant’s sole cost shall mean and expense (include any chemical, substance, material, controlled substance, object, condition, waste, living organism or combination thereof, whether solid, semi-solid, liquid or gaseous, which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, Landlordtobacco smoke, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), refrigerants (including those substances defined in the Environmental Protection Agency’s reasonable attorneys’ fees and costs“Refrigerant Recycling Rule,” as amended from time to time) and with counsel chosen by Landlordall of those chemicals, to join and participate insubstances, as a party if it so electsmaterials, any legal proceedings controlled substances, objects, conditions, wastes, living organisms or actions initiated combinations thereof which are now or become in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgethe future listed, there are not pending claims defined 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 regulated 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.TENANT’S INITIALS LANDLORD’S INITIALS

Hazardous Materials. Tenant’s use (a) Lessee shall ensure that the Leased Property and the operation of the Premises shall comply Business thereon complies in all material respects with all Hazardous Materials Laws, except . 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 generated, used, installed, manufactured, treated, handled, refined, produced, processed, stored or disposed of in the Term normal course of business regarding the Primary Intended Use or if Tenant has received notice the conduct of any the Business (which Hazardous Materials Claim against any portion shall be handled and disposed of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain in compliance in 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 material respects with all Hazardous Materials Laws and good business practices. During Laws), Lessee shall not cause any Hazardous Materials to be installed, used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of, or otherwise present in, on or under any Property or in connection with the Term, Tenant shall immediately advise Landlord conduct of the Business thereon in writing of: (a) any Environmental Activities a manner that could result in a material violation of any Hazardous Materials Laws; . Lessee shall take commercially reasonable precautions to ensure that no activity shall be undertaken on any Property or in connection with the operation of the Business thereon which would cause (a) any Property to become a treatment, storage or disposal facility of hazardous waste, infectious waste, biomedical or medical waste, within the meaning of, or otherwise bring such Property within the ambit of RCRA as a treatment, storage or disposal facility, (b) a release of Hazardous Materials from any Property within the meaning of, or otherwise bring such Property within the ambit of, and as would give rise to material liability under CERCLA or ▇▇▇▇ or any similar Hazardous Materials Laws, (c) the discharge of Hazardous Materials into any watercourse, surface or subsurface of body of water or wetland, or the discharge into the atmosphere of any Hazardous Materials, except as authorized under a permit under any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant Laws, in response a manner that would give rise to any a material liability under Hazardous Materials Claims Laws, or (d) a material violation or a material claim under RCRA, CERCLA, ▇▇▇▇ or any Hazardous Materials onLaws. Lessee shall, under at its sole cost, expense, risk and liability, remove or about cause to be removed from any portion Property all Hazardous Materials generated in connection with the Primary Intended Use and as found in hospital and healthcare facilities, including, without limitation, all infectious waste materials, syringes, needles and any materials contaminated with bodily fluids of any type, character or description of whatsoever nature to the Premises extent required to comply in violation all material respects with all Hazardous Materials Laws. Lessee shall not dispose of any such infectious waste and Hazardous Materials in any receptacles used for the disposal of normal refuse to the extent such disposal is not in compliance in all material respects with any Hazardous Materials Laws; . (db) 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; Lessee shall indemnify and (e) all communications to or from Tenantdefend, 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 its sole cost and expense expense, and hold harmless and reimburse the Lessor, its Affiliates and their respective officers, directors, members, (general and limited) partners, shareholders, employees, agents, representatives, successors and assigns (collectively, the “MPT Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, penalties, taxes, costs and expenses (including, without limitation, Landlord’s reasonable attorneys’ fees and accountants’ fees, settlement costs, arbitration costs and any reasonable other expenses for investigating or defending any action or threatened action) (each, a “Claim”) of any and with counsel chosen every kind or character, known or unknown, fixed or contingent, asserted against or incurred by Landlordany of the MPT Indemnified Parties at any time and from time to time by reason of, arising out of or resulting from (i) events, conditions or circumstances which occurred or existed on, under, in, about, to join or from the Property prior to execution of this Agreement and participate inthat give rise to a liability under Hazardous Materials Laws, as a party if it so elects(ii) any liability under Hazardous Materials Laws arising out of the ownership or operation of the Property, or (iii) any legal proceedings or actions initiated Claim arising out of or, in connection with or resulting from any Hazardous Materials Claimsbreach by Lessee of this Section 8.2 or any other violation of this Section 8.2 by any Person other than the MPT Indemnified Parties, including any and all such claims, demands, liabilities, damages, costs and expenses relating to immaterial violations or breaches of this Section 8.2 (collectively, “MPT Damages”), except to the extent any such Claim or MPT Damages is found to have resulted from the bad faith, gross negligence or willful misconduct of any MPT Indemnified Party. Landlord represents All such MPT Damages shall be due and warrants payable by Lessee, jointly and severally, within fifteen (15) days after any MPT Indemnified Party’s demand therefor. (c) In the event any of the MPT Indemnified Parties has a claim for MPT Damages resulting from the assertion of liability by a third party, the applicable Facility Lessor will give Lessee notice of any such third-party claim, and Lessee shall be jointly and severally obligated to Tenant that: undertake the defense thereof by counsel of its own choosing. No Indemnitor shall settle any such third-party claim without the consent of the MPT Indemnified Parties, which consent shall not be unreasonably conditioned or delayed. Any of the MPT Indemnified Parties may, by counsel, participate in such proceedings, negotiations or defense, at their own expense. The MPT Indemnified Parties shall furnish to Lessee in reasonable detail such information as the MPT Parties may have with respect to such claim, including all records and materials that are reasonably required in the defense of such third-party claim. In the event that Lessee does not collectively defend the third-party claim in a diligent manner, any MPT Indemnified Party will have the right (iat Lessee’s sole expense) to Landlord’s knowledgeundertake the defense, there are compromise or settlement of such claim and any Indemnitor may elect to participate in such proceedings, negotiations or defense at any time at their own expense. No MPT Indemnified Party shall settle any such third-party claim without the consent of Lessee, which consent shall not pending claims be unreasonably withheld, conditioned or causes of action arising out or delayed. (d) Lessor and Lessee acknowledge that, based upon recent environmental reports relating to the Facility or Leased Property, 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 potential for environmental liability for conditions occurring prior to (or existing as of) the Commencement Effective Date which have for all Facilities is remote; provided, that such acknowledgment shall not been remedied in full. Notwithstanding anything to limit or preclude any Claim by 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 expenseMPT Indemnified Parties.

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 written 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 reasonable 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 written communications to or from TenantSublessee, any governmental authority or any other HNZW//3583-1 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 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 agrees that Tenant’s , its agents contractors, licensees or invitees shall not handle, manufacture, store or dispose of any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives (collectively 'Hazardous Materials") on, under, or about the premises, without Landlord's prior written consent (which consent shall not be unreasonably withheld as long as Tenant demonstrates and documents to Landlord's reasonable satisfaction (1) that such Hazardous Materials (A) are necessary or useful to Tenant's business; and (B) will be used, kept in or about the premises; and (2) that Tenant will give all required notices concerning the presence in or on the premises or the release of such Hazardous Materials from the Premises) provided that tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials, which products are of a type customarily found in offices and households (such as aerosol cans containing insecticides, toner of copies, paints, paint remover, and the Premises like) and provided further that Tenant shall handle, store, use and dispose of any such Hazardous Materials in a safe and lawful manner and shall not allow such Hazardous Materials to contaminate the premises or the environment. (b) Tenant further agrees that Tenant will not permit any substance suspected of causing cancer or reproductive toxicity to come into contact with groundwater under the premises. Any such substance coming into contact with groundwater shall be considered a Hazardous Materials for purposes of this Section. (1) Notwithstanding the provisions hereinabove, Tenant may handle, store, and use Hazardous Materials, limited to the types, amounts, and use identified in the Hazardous Materials Exhibit attached hereto as Exhibit "C". If no Hazardous Materials Exhibit is attached to this Lease, then this paragraph (C) shall be of no force and effect. Tenant hereby certifies to Landlord that the information provided by Tenant pursuant to this paragraph is true, correct, and complete. Tenant covenants to comply with the use restrictions shown on the attached Hazardous Materials Exhibit. Tenant's business and operations, and more especially its handling, storage, use and disposal of Hazardous Materials shall at all times comply with all applicable laws pertaining to Hazardous Materials Laws, except Materials. Tenant shall secure and abide by all permits necessary for any items set forth Tenant's operations on Exhibit “D”the premises. Tenant shall give or post all notices required by all applicable laws pertaining to Hazardous Materials. 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 at any time fail 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 comply with all Hazardous Materials Laws and good business practices. During the Termthis paragraph, Tenant shall immediately advise notify Landlord in writing of: of such noncompliance. (a2) any Environmental Activities in violation Tenant shall provide Landlord with copies of any Hazardous Materials Laws; Material Safety Data Sheets (bas required by Occupational Safety and Health Act) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response relating to any Hazardous Materials Claims to be used, kept, or any stored at or on the premises, at least thirty (30) days prior to the first use, placement, or storage of such Hazardous Materials on, under or about any portion of Material on 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 thereofpremises. Landlord shall have ten (10) days following delivery of such Material Safety Data Sheets to approve or forbid, in the rightreasonable exercise of its discretion subject to the limitation contained in Paragraph (C) above, such use, placement, or storage of a Hazardous Material on the premises. (3) Tenant shall not store any hazardous waste on the premises for more than 90 days; "hazardous waste" having the meaning given it by the Resource Conservation and except Recovery Act of 1976, as amended. Tenant shall not install any underground or above ground storage tanks on the premises. Tenant shall not dispose of any Hazardous Material in the premises without the prior written consent of Landlord. (4) Any increase in the premiums for any items noted necessary insurance on Exhibit “D” the Building which arises from Tenant's use or storage of Hazardous Materials shall be solely at Tenant’s 's expense. Tenant shall procure and maintain at its sole cost and expense such additional insurance as may be necessary to comply with any requirement of any Federal, State or local governmental agency with jurisdiction. (includingd) If Landlord, without limitationin its sole discretion, believes that the premises or the environment have become contaminated with Hazardous Materials that must be removed under the laws of the state where the premises is located, in breach of the provisions of this Lease, Landlord’s reasonable attorneys’ fees , in addition to its other rights under this Lease, may enter upon the premises and costs) obtain samples from the premises, including without limitation the soil and with counsel chosen by Landlordgroundwater under the premises, for the purposes of analyzing the same to join determine whether and participate into what extent the premises or the environment have become so contaminated. Tenant shall reimburse Landlord for the costs of any inspection, as a party if it so electssampling and analysis that discloses contamination for which Tenant is liable under the terms of this Lease. Tenant may not perform any sampling, any legal proceedings testing, or actions initiated in connection with drilling to locate any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to on the premises without 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 's 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 expensewritten consent.

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. Tenant’s use (a) Without limiting the generality of SECTION 5.2 hereof, Mortgagor shall keep and maintain the Premises Mortgaged Property 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 Mortgaged Property to have occurred be in violation of any Hazardous Materials Laws by Tenant during Environmental Laws. Except for materials (other than asbestos) (i) used or stored at the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of Mortgaged Property in the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits Ordinary Course Business 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 in compliance with all applicable governmental authoritieslaws, in accordance with all Hazardous Materials Laws rules 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 regulations (including, without limitation, Landlord’s reasonable attorneys’ fees and costsEnvironmental Laws), (ii) and with counsel chosen by Landlordrespect to which no Release at, to join and participate in, as on, under, over, from or affecting the Mortgage Property or any adjacent property has occurred, and (iii) that do not create (and are not known to pose) a party if it so electshealth, any legal proceedings safety or actions initiated in connection with environmental hazard, Mortgagor shall not manufacture, generate or store any Hazardous Materials Claimsat, in, on, under, over, from or affecting the Mortgaged Property. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are Mortgagor shall 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 permit any Release of any Hazardous Materials Laws at, in, on, under, over, from or affecting the Mortgaged Property. Without Mortgagee's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, except in case of emergency involving imminent threat to persons or property, Mortgagor shall take no remedial action with respect to any Hazardous Materials at, in, on, under, over, from or affecting the Mortgaged Property, and shall not enter into any settlement agreement, consent decree or other compromise or agreement related to any such Hazardous Materials. Mortgagee's consent to such action shall not be construed to mean that Mortgagee has the capacity to cause or determine the appropriate Hazardous Materials management practices of Mortgagor but only is intended for Mortgagee to assure that its collateral hereunder is not being impaired. (b) Mortgagor shall indemnify and hold Mortgagee harmless from any and all claims, actions, proceedings, losses, costs, damages, liabilities, obligations, causes of action, Diminution in Value of the Mortgaged Property (or any portion thereof), fines, penalties and expenses (including reasonable attorneys' fees and expenditures) for investigation, removal, clean-up, and remedial costs (collectively, "LOSSES") of or against Mortgagee arising from (i) the use, generation, storage or Release of any Hazardous Materials at, in, on, under, over, from or affecting the Mortgaged Property or the transport of any Hazardous Materials to or from the Mortgaged Property; (ii) the violation of any Environmental Law; and/or (iii) the breach of any of the representations, warranties and covenants of Mortgagor with respect to Hazardous Materials set forth in this SECTION 5.15 or ARTICLE 6 hereof or the Note Purchase Agreement. Mortgagee shall have occurred prior the right to the Commencement Date which have not been remedied in full. approve any counsel selected by Mortgagor to defend Mortgagee hereunder. (c) Notwithstanding anything to the contrary contained herein, in Mortgagor shall not be liable for any Hazardous Materials placed in, under, over, from or affecting the Property after Mortgagor is no event shall Tenant be responsible for conditions longer the owner or occupant of the Premises in existence prior to Mortgaged Property; provided, however, that (i) the Commencement Date, and, if required by law, Landlord hereby agrees to remedy migration of any such actual or suspected problem through the removal of Hazardous Materials placed in, under, over, from or affecting the Mortgaged Property, which materials were present at Landlord’s sole cost any time during the period of Mortgagor's ownership or occupation of the Mortgaged Property, shall remain the liability of Mortgagor; and expense(ii) Mortgagor shall have the burden of proving that such Hazardous Materials were placed at, in, on, under or over the Mortgaged Property after Mortgagor was no longer the owner or occupant of the Mortgaged Property. (d) Mortgagor's obligations under this SECTION 5.15 shall survive payment of the Indebtedness and the release of the Lien granted herein. The obligations set forth in this SECTION 5.15 are in addition to and not in place of the obligations of the Mortgagor under the Indemnity Agreement.

Hazardous Materials. Tenant’s use Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of the Premises shall comply with all which may constitute “Hazardous Materials LawsMaterials” as defined in this Lease), except for any items set forth on Exhibit “D”. If any Environmental Activities occur Tenant agrees not to cause or are suspected to have occurred in violation of permit any Hazardous Materials Laws to be brought upon, stored, used, handled, generated, released or disposed of on, in, under or about the Premises, the Building, the common areas or any other portion of the Property by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, “Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Within 15 days of written request from ▇▇▇▇▇▇▇▇ (no more than once a year), ▇▇▇▇▇▇ agrees to complete and deliver to Landlord a reasonable environmental questionnaire concerning ▇▇▇▇▇▇'s use of Hazardous Materials at the Premises. Upon the expiration or earlier termination of this Lease, ▇▇▇▇▇▇ agrees to promptly remove from the Premises, the Building and the Property, at its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Property or any portion thereof by Tenant or any of Tenant’s Parties. To the fullest extent permitted by law, ▇▇▇▇▇▇ agrees to promptly indemnify, protect, defend and hold harmless the Landlord Indemnitees from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, reasonable attorneys’ fees, consultant fees and expert fees and court costs) which arise or result from the presence of Hazardous Materials on, in, under or about the Premises, the Building or any other portion of the Property and which are caused or permitted by Tenant or any of Tenant’s Parties. ▇▇▇▇▇▇ agrees to promptly notify Landlord of any release of Hazardous Materials in the Premises, the Building or any other portion of the Property which Tenant becomes aware of during the Term of this Lease, whether caused by Tenant or if Tenant has received notice any other persons or entities. In the event of any release of Hazardous Materials Claim against caused or permitted by Tenant or any portion of the Premises as a result of Tenant’s acts Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or omissions during the Term, Tenant shall promptly obtain all permits appropriate to remediate such release and approvals necessary to remedy prevent 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 similar future release 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 holder of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Mortgage. At all times during the Term of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onthis Lease, 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 Landlord 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 Landlordbut not the obligation, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. 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 enter upon the Premises as of the Commencement Date; and (ii) to Landlord’s knowledgeinspect, 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 hereininvestigate, in no event shall Tenant be responsible for conditions of sample and/or monitor the Premises to determine if Tenant is in existence prior to compliance with the Commencement Dateterms of this Lease regarding Hazardous Materials. As used in this Lease, 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 “