Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.

Hazardous Materials. Except (a) Tenant may use chemicals such as set forth adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the Reports (as defined manner customarily found and used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Deed of Trust) and otherwise disclosed to AgentPremises, neither Borrower nor Guarantor has any knowledge provided Tenant complies with all applicable Environmental Laws. Tenant shall not use, store, handle, treat, transport, release or dispose of any other Hazardous Materials on or about the Premises or the Property without Landlord’s prior written consent, which Landlord may withhold or condition in Landlord’s sole discretion. (b) Any handling, treatment, transportation, storage, disposal or use of Hazardous Materials by Tenant in or about the Premises or the Property and Tenant’s use of the Premises shall comply with all applicable Environmental Laws. Tenant shall, within ten (10) Business Days of Landlord’s written request therefor, disclose in writing all Hazardous Materials that have been generatedare being used by Tenant in the Premises, releasedthe nature of such use and the manner of storage and disposal. Without Landlord’s prior written consent, stored Tenant shall not conduct any sampling or deposited over, beneath investigation of soil or groundwater on the Land or in Property to determine the presence of any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it constituents therein. (c) Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold Landlord harmless from and defend Agent and Lenders from against, any and all liabilities, losses claims, losses, damages, response costs interest, penalties, fines, attorneys’ fees, experts’ fees, court costs, remediation costs, and other expenses (collectivelywhich, "Claims") arising out result from the use, storage, handling, treatment, transportation, release, threat of or in any way relating to the past, present or future presence, removal release or disposal of any Hazardous Materials over, beneath, in or on about the Project regardless of whether such presencePremises or the Property by Tenant or Tenant’s agents, removal employees, contractors or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurredinvitees. The provisions of this paragraph (c) shall survive the foregoing representationsexpiration or earlier termination of this Lease. (d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning Hazardous Materials which relates to the Premises or the Property, warranties and covenants shall not limit the provisions (ii) any Environmental Condition of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativewhich Tenant is aware.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Premises: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Premises shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Premises by Tenant or Tenant’s Agents after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Premises caused by Tenant or Tenant’s Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the construction of levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fillcondition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Premises or any part thereof. Tenant shall further be solely responsible for, the result of which could impose any liability against Borrowerand shall defend, Agentindemnify and hold Landlord and its agents harmless from and against, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys’ fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Premises to its condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Premises, present or future presence, removal or disposal and (ii) any contamination of the Premises by Hazardous Materials which constitutes a violation of any Hazardous Materials overLaw. Tenant may use small quantities of household chemicals such as adhesives, beneathlubricants, and cleaning fluids in or order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall, within five days after written request therefore received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project regardless Premises, the nature of whether such presenceuse, removal or disposal constitutes a breach and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Premises, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the representationsinstallation, warrantiesmaintenance, covenants repair and agreements set forth in this Section, including, but not limited to: (a) claims replacement of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which such ▇▇▇▇▇ shall be paid by Borrower when incurred. The provisions Tenant if such tests disclose the existence of the foregoing representations, warranties and covenants shall not limit the provisions facts which give rise to liability of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeTenant pursuant to its indemnity given in Section 7.2A or Section 7.

Hazardous Materials. Except as set forth otherwise disclosed in the Reports Secured Agreement or the Business Plan, each Mortgagor represents, warrants and covenants that to the best of its knowledge such Mortgagor has not used Hazardous Materials (as defined in hereinafter) on, from, or affecting the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or Mortgaged Property in any structure located on manner which violates Federal, state or local laws, ordinances, rules, regulations, or policies governing the Land. No use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials will be used in the construction of all or any portion of the ProjectMaterials, norand that, to the best of Borrowersuch Mortgagor's knowledge after due inquiryknowledge, has no prior owner of the Mortgaged Property or any tenant, subtenant, prior tenant or prior subtenant have used Hazardous Materials on, from, affecting, or related to the Mortgaged Property in any manner which violates Federal, state or local laws, ordinances, rules, regulations or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials. Each Mortgagor shall use its best efforts to keep or cause the Mortgaged Property to be kept free of Hazardous Materials. Without limiting the foregoing, no Mortgagor shall cause or permit the Mortgaged Property to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials, except in compliance with all applicable Federal, state or local laws or regulations, nor shall any Mortgagor cause or permit, as a result of any intentional or unintentional act or omission on the part of such Mortgagor or any tenant or subtenant, a release of Hazardous Materials onto the Land been used for Mortgaged Property or as a land fillonto any other property. Each Mortgagor shall comply with and shall, by covenants in all future leases, seek to ensure compliance by all tenants and subtenants with all applicable Federal, state and local laws, ordinances, rules and regulations, whenever and by whomever triggered, and shall obtain and comply with, and by covenants in all future leases, seek to ensure that all tenants and subtenants obtain and comply with, any and all approvals, registrations or permits required thereunder. Each Mortgagor shall (a) conduct and complete all investigations, studies, sampling, and testing, and all remedies, removal, and other actions necessary to clean up and remove all Hazardous Materials on, from, or affecting the Mortgaged Property (i) in accordance with all applicable Federal, state and local laws, ordinances, rules, regulations and policies, and (ii) in accordance with the orders and directives of all Federal, state, and local governmental authorities, and (b) defend, indemnify, and hold harmless Mortgagee, Obligee and their respective employees, agents, officers, and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known or unknown contingent or otherwise arising out of, or in any way related to, (i) the presence, disposal, release, or threatened release of any Hazardous Materials which are on, from, affecting, or related to the soil, water, vegetation, buildings, personal property, persons, animals, of or otherwise on, the result Mortgaged Property; (ii) any personal injury (including wrongful death) or property damage (real or personal arising out of or related to such Hazardous Materials; (iii) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials, and/or (iv) any violation of any laws, orders, regulations, requirement, or demands of Governmental Authorities, which could impose are based upon or in any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, way related to such Hazardous Materials including, without limitation limitation, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses; provided, in any event, that the laws foregoing arises out of the Mortgaged Property. In the event this Junior Mortgage is foreclosed, or any Mortgagor tenders a deed in lieu of foreclosure, such Mortgagor or Mortgagors shall deliver the Mortgaged Property to Mortgagee free of any and all Hazardous Materials so that the conditions of the Mortgaged Property shall conform with all applicable Federal, state and local laws, ordinances, rules or regulations mentioned in affecting the definition Mortgaged Property. For purposes of this Paragraph, "Hazardous Materials" set forth aboveincludes, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, solvent mixtures, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et. Borrower covenants that it shall indemnifyseq.), hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials overTransportation Act, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: as amended (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.49 U.S.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge existence or use of any Hazardous Materials that on the Premises: (1) Any handling, transportation, storage treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s agents after the Effective Date in or about the Premises shall comply in all material respects with all applicable Hazardous Materials Laws. Tenant shall not use any Hazardous Material (other than typical janitorial and office supplies) on the Premises, without Landlord’s prior written consent, and, if Tenant is permitted to use such additional Hazardous Materials it shall provide to Landlord copies of any annual or bi-annual inventory/level of usage reports maintained by Tenant or filed with applicable governmental authorities. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses to the extent resulting from the use, storage, treatment, transportation, release, or disposal of Hazardous Materials at the Premises by Tenant or Tenant’s agents after the Effective Date. Notwithstanding any other provision hereof, Tenant shall be sole responsible for the full cost of any Capital Improvement to the Premises required as a result of or arising from Tenant’s use of Hazardous Materials or to have been generatedTenant’s activities comply with Hazardous Materials Laws. (2) If the presence of Hazardous Materials on the Premises as a consequence of the release or emission by Tenant or Tenant’s agents of a Hazardous Material after the Effective Date results in contamination of the soil or groundwater of the Premises, then Tenant shall promptly take any and all action required by law to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord harmless from and against, all liabilities, actions, claims, expense of decontamination, investigation, recommendation or removal of Hazardous Materials, and experts’ and attorneys’ fees and other costs to any nature, to the extent arising out of any such investigation and remediation required hereunder. (3) Landlord shall be solely responsible for, shall conform to all requirements of law and Private Restrictions regarding, and shall indemnify, defend, and hold harmless Tenant from and against all liabilities, actions, claims, expense of decontamination, investigation, remediation or removal of Hazardous Materials, and experts’ and attorneys’ fees and other of any costs of any nature, to the extent arising out of the presence of any Hazardous Material on or about the Premises (other than Hazardous Materials released, disposed of, stored, released, stored or deposited overemitted by Tenant or Tenant’s agents). Landlord is not aware of the presence of any Hazardous Materials on or about the Premises as of the date of this Lease, beneath other than as disclosed in the Phase I Environmental Assessment by ▇▇▇▇▇▇ Associates dated November 9, 1999. (4) Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Premises, and (ii) any contamination of the Premises by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials which are necessary to the operation of Tenant’s business and used in accordance with applicable laws or Private Restrictions. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Land Premises, the nature of such use, and the manner of their storage and disposal. (5) As used herein, the term “Hazardous Material,” means any hazardous or in toxic substance, material, or waste, which is or becomes regulated by any structure located on local governmental authority, the LandState of California or the United States Government. No The term “Hazardous Materials will be used in the construction Material,” includes, without limitation, petroleum products, asbestos, PCB’s, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of all or any portion Title 22 of the ProjectCalifornia Administrative Code, norDivision 4, Chapter 20, (ii) defined as a “hazardous waste” pursuant to the best of Borrower's knowledge after due inquiry, has any part Section 1004 of the Land been used for Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a land fill“hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the result term “Hazardous Material Law” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which could impose any liability against Borrowerregulates the use, Agentstorage, Lenders or the Project under any applicable law or regulationrelease, includingemission, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeMaterial.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Property: Landlord Initials W Tenant Initials NH A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant, Tenant’s Agents, or any other party after the Effective Date of this Lease in or about the Property shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord, its agents, employees, officers, directors, and partners from and against any and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Property by Tenant , Tenant’s Agents, Permitees, or Invites after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Property caused or permitted by Tenant, Tenant’s Agents, Permitees, or Invites after the Effective Date of this Lease results in the construction contamination or deterioration of all water or soil or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any other part of the Land been used for or as a land fillProperty, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, hold harmless and defend Agent and Lenders from promptly take any and all action necessary to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against, all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorney’s fees and costs, arising out of or in connection with any way relating investigation and remediation (including investigative analysis, removal, cleanup, and/or restoration work) required hereunder to return the Leased Premises, Building, Common Areas, Outside Areas, and/or Property and any other property of whatever nature to their condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Property, present or future presence, removal or disposal and (ii) any contamination of the Property by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant acknowledges that Landlord, as the owner of the Property, at Landlord’s election, shall have the sole right at Tenant’s expense to negotiate, defend, approve, and/or appeal any action taken or order issued with regard to Hazardous Materials by any applicable governmental authority. Tenant may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary to the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Property (or any portion thereof) and which Landlord consents in writing may be brought onto the Property. In granting Landlord’s consent, Landlord may specify the location and manner or use, storage, or handling of any Hazardous Material. Landlord’s consent shall in no way relieve Tenant from any of its obligations as contained herein. Tenant shall notify Landlord in writing at least ten (10) days prior to the first appearance of any Hazardous Material on the Leased Premises, Building, Common Areas, Outside Areas, and/or Property. Tenant shall provide Landlord with a list of all Hazardous Materials and the quantities of each Hazardous Material to be stored on any portion of the Property, and upon Landlord’s request Tenant shall provide Landlord with copies of any and all Hazardous Materials Management Plans, Material Safety Data Sheets, Hazardous Waste Manifests, and other documentation maintained or received by Tenant pertaining to the Hazardous Materials used, stored, or transported or to be used, stored, or transported on any portion of the Property. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Property (or have been used on the Property), the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Property, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in A and or B above. Landlord may retain consultants to inspect the Property, conduct periodic environmental audits, and review any information provided by Tenant. Tenant shall pay the reasonable cost of fees charged by Landlord and/or Landlord’s consultants as a Property Maintenance Cost. E. Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost, shall remove all Hazardous Materials from the Property and shall provide a certificate to Landlord from a registered consultant satisfactory to Landlord certifying that Tenant has caused no contamination of building (s), soil or groundwater in or about the Leased Premises, Building, Common Areas, Outside Areas, or Property. If Tenant fails to so surrender the Property, Tenant shall indemnify and hold Landlord its agents, employees, officers, directors, and partners harmless from all damages resulting from Tenant’s failure to surrender the Property as required by this Subsection, including, without limitation, any claims or damages in connection with the condition of the Property including, without limitation, damages occasioned by the inability to release the Property (or any portion thereof) or a reduction in the fair market and/or rental value of the Property, Building, Common Areas, Outside Areas, and/or Property by reason of the existence of any Hazardous Materials in or around the Leased Premises, Building, Common Areas, Outside Areas, and/or Property. If any action is required to be taken by a governmental authority to test, monitor, and/or clean up Hazardous Materials from the Leased Premises, Building, Common Areas, Outside Areas, and/or Property and such action is not completed prior to the expiration or earlier termination of the Lease, Tenant shall be deemed to have impermissibly held over Landlord Initials W Tenant Initials NH until such time as such required action is completed, and Tenant shall pay Base Monthly Rent and Additional Rent in accordance with the terms of Section 13.2 (Holding Over). In addition, Landlord shall be entitled to all damages directly or indirectly incurred in connection with such holding over, beneathincluding without limitation, in damages occasioned by the inability to release the Property or on the Project regardless of whether such presence, removal or disposal constitutes a breach reduction of the representationsfair market and/or rental value of the Leased Premises, warrantiesBuilding, covenants and agreements set forth Common Areas, Outside Areas, and/or Property. F. As used herein, the term “Hazardous Materials(s)” means any hazardous or toxic substance, material or waste, which is or becomes regulated by any federal, state, regional or local governmental authority because it is in this Sectionany way hazardous, toxic, carcinogenic, mutagenic or otherwise adversely affects any part of the environment or creates risks of any such hazards or effects, including, but not limited to: , petroleum; asbestos, and polychlorinated bipheyls and any material, substance, or waste (a) claims defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of third parties the California Health and Safety Code, Division 20, Chapter 6.5 (including governmental agencies) for damages, penalties, response costs, injunctive or other reliefHazardous Waste Control Law); (b) costs defined as a “hazardous substance” under Section 25316 of removal the California Health and restorationSafety Code, including fees of attorneys and experts and costs of reporting the existence of any Division 20, Chapter 6.8 (▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Hazardous Materials to any governmental agencySubstance Account Act); and (c) any defined as a “hazardous material,” “hazardous substance” or “hazardous waste” under Section 25501 of the California Health and all expenses Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (d) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (e) defined as a “hazardous substance” pursuant to Section 311 of the Clean ▇▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code Sections 1251 et seq. (33 U.S.C. 1321) or obligations incurred atlisted pursuant to Section 307 of the Clean Water Act (33 U.S.C. 1317); (f) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and ▇▇▇▇▇▇▇▇ ▇▇▇, before ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code Sections 6901 et seq. (42 U.S.C. 6903); or (g) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and after any trial Liability Act, 42 United States Code Section 9601 et seq. (42 U.S.C. 9601) or appeal therefrom(h) defined as a “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges 33 U.S.C. 1251 et seq. or (i) listed pursuant to Section 307 of the Federal Water Pollution Control Act (33 U.S.C. 1317 ) or ( j ) regulated under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or (k) defined as a “hazardous material “under Section 66680 or 66084 of Title 22 of the California Code of Regulations (Administrative Code) (l) listed in the United States Department of Transportation Hazardous Materials Table (49 C. F.R. 172.101) or (m) listed by the Environmental Protection Agency as “hazardous substances” ( 4 0 C.F.R. Part 302 ) and other expenses, all of which shall be paid by Borrower when incurredamendments thereto . The provisions term “Hazardous Material Laws” shall mean (i) all of the foregoing representationslaws as amended from time to time and (ii) any other federal, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rightsstate, remedies and protections herein and therein shall be cumulativeor local law, ordinance, regulation, or order regulating Hazardous Materials.

Hazardous Materials. Except as set forth Mortgagor covenants that, except for the customary use of Permitted Substances reasonably required for the maintenance and operation of the Mortgaged Property in compliance with applicable Law, the Reports (as defined in the Deed Mortgaged Property shall be kept free of Trust) Hazardous Materials, and otherwise disclosed shall not be used to Agentgenerate, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generatedmanufacture, releasedrefine, stored or deposited overtransport. treat, beneath or on the Land store, handle, dispose, transfer, produce, process or in any structure located manner deal with Hazardous Materials, and Mortgagor shall not cause or permit, as a result of any intentional or unintentional act or omission on the Land. No part of Mortgagor or any Occupant, the installation or placement of Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless Mortgaged Property or a release of whether Hazardous Materials onto the Mortgaged Property or onto any other property (which installation, placement or release onto such presenceother property by any such Occupant shall result from such Occupant's activities on the Mortgaged Property) or suffer the presence of Hazardous Materials on the Mortgaged Property. Mortgagor shall comply with, removal or disposal constitutes a breach of and shall use commercially reasonable efforts to ensure compliance by all Occupants with, all applicable federal, state and local laws, ordinances, rules and regulations with respect to Hazardous Materials, and shall keep the representations, warranties, covenants Mortgaged Property free and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence clear of any liens imposed pursuant to such laws, ordinances, rules and regulations. In the event that Mortgagor receives any material notice or advice from any governmental agency or any Occupant with regard to Hazardous Materials to any governmental agency; on, from or affecting the Mortgaged Property, Mortgagor shall immediately notify Mortgagee. Mortgagor shall conduct and (c) any complete all investigations, studies, sampling, and testing, and all expenses or obligations incurred atremedial, before and after any trial or appeal therefromremoval, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expensesactions necessary to clean up and remove all Hazardous Materials which are not Permitted Substances on, from or affecting the Mortgaged Property in accordance with all of which shall be paid by Borrower when incurredapplicable federal, state, and local laws, ordinances, rules, regulations, and policies. The provisions obligations and liabilities of Mortgagor under this Section shall survive the foregoing representations, warranties and covenants shall not limit foreclosure of this Mortgage or the provisions delivery of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativea deed in lieu of foreclosure.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports existence or use of “Hazardous Materials” (as defined in herein) on the Deed Premises: A. Tenant, at its sole cost, shall comply with all Laws relating to the storage, use and disposal of Trust) and otherwise disclosed to AgentHazardous Materials on the Premises, neither Borrower nor Guarantor has any knowledge If Tenant does store, use or dispose of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or Premises, Tenant shall notify Landlord in any structure located writing at least five (5) days prior to their first appearance on the LandPremises. No Hazardous Materials will Tenant shall be used in the construction of all or any portion of the Projectsolely responsible for and shall defend, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, and hold Landlord and its agents harmless from and defend Agent and Lenders from any and against all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys’ fees and costs, arising out of or in any way relating to the pastconnection with such storage, present or future presence, removal use or disposal of any Hazardous Materials overby Tenant, beneathits agents, in employees, sub-tenants, contractors or other entities. B. If the presence of Hazardous Materials on the Project regardless Premises caused or permitted by Tenant, its agents, employees, invitees, contractors, or subtenants results in contamination or deterioration of whether such presence, removal water or disposal constitutes soil resulting in a breach level of contamination greater than the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to safe levels established by any governmental agency; agency having jurisdiction over such contamination, Tenant shall promptly and (c) at its sole cost take any and all expenses action required by law or obligations incurred atnecessary to investigate, before clean up and remediate such contamination. At any time prior to the expiration of the Lease Term, Tenant may at its sole cost and expense (but only after any trial or appeal therefromreceipt of written consent from Landlord) conduct appropriate tests of water and soil and to deliver to Landlord the results of such tests to demonstrate that no contamination in excess of permitted levels has occurred as a result of Tenant’s use of the Premises. Tenant shall further be solely responsible for, including without limitationand shall defend, attorneys' fees, witness fees, deposition costs, photocopying charges indemnify and other expenseshold Landlord and its agents harmless from and against, all claims, costs and liabilities, [UNREADABLE] return the Premises to its condition existing prior to the appearance of which such hazardous materials. C. It is acknowledged that underground contamination exists in the area of the Premises that has migrated under the Premises. Landlord is not a responsible party for remediation of any such hazardous substances and does not assume responsibility for the same nor shall Landlord hold Tenant responsible for the same. If Landlord has reasonable cause to believe that the Premises has or may become contaminated by Hazardous Materials caused by Tenant, its agents, employees, invitees, contractors, or subtenant, Landlord may (at its option) cause testing ▇▇▇▇▇ to be installed on the Premises, and may cause the ground water to be tested to detect the presence of Hazardous Materials by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Borrower when incurredLandlord, except that Tenant shall pay the cost thereof if the presence of Hazardous Materials is detected and which was probably caused by Tenant, its agents, employees, sub-tenants, invitees, or contractors. D. It shall not be unreasonable for Landlord to withhold its consent to any proposed Transfer pursuant to Section 15. if the proposed transferee’s anticipated use of the Premises involves the generation, storage, use, treatment or disposal of Hazardous Material and which in Landlord’s sole opinion poses an unacceptable risk of contamination of the Premises. E. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, materials or waste, the storage, use, or disposition of which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The provisions term “Hazardous Material” includes, without limitation, any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the foregoing representationsCalifornia Administrative Code, warranties and covenants shall not limit the provisions Division 4, Chapter 20, (ii) defined as a “hazardous waste” pursuant to Section 1004 of the Indemnity Agreement Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903), (iii) defined as a “hazardous substance” pursuant to Section 101 of the rightsComprehensive Environmental Response, remedies Compensation and protections herein and therein shall be cumulativeLiability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601), or (iv) is listed or defined as “hazardous waste”, “hazardous substance”, or other similar designation by any regulatory scheme of the State of California or the U.S. Government that is similar to the foregoing.

Hazardous Materials. Except as set forth in Tenant shall not (either with or without negligence) cause or permit the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agentescape, neither Borrower nor Guarantor has any knowledge disposal or release of any Hazardous Materials that have been generatedbiologically or chemically active or other hazardous substances, released, stored or deposited over, beneath materials on or on about the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all Premises or any other portion of the Project, nor, to nor shall Tenant allow the best storage or use of Borrower's knowledge after due inquiry, has such substances or materials on or about the Premises or any part other portion of the Land been used for Project, nor allow to be brought into the Premises or as a land fillany other portion of the Project any such materials or substances. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the result Resource Conservation and Recovery Act, the Superfund Amendments and Reauthorization Act of 1986, the Occupational Safety and Health Act, the Clean Water Act, any amendments to such Acts, and any federal, state or municipal laws, ordinances, regulations or common law which could may now or hereafter impose liability on Landlord with respect to hazardous substances (“Hazardous Substances”). Hazardous Substances shall not include, and this Lease will not be construed to prohibit, Tenant’s use or storage of incidental quantities or supplies or products which are commonly used in offices or Tenant’s business, such as copier fluid and ordinary cleanings supplies, provided any liability such product is disposed of properly. Tenant will be solely responsible for and will defend, indemnify and hold Landlord, its agents and employees harmless from and against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and liabilities, including attorneys’ fees, court costs, and other expenses of litigation (collectively, "Claims"i) arising out of or in connection with any way relating breach of this Section by ▇▇▇▇▇▇, or (ii) arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Premises and the Project and any other property of whatever nature located therein to their condition existing prior to the pastintroduction of Hazardous Substances in or about the Premises or Project by Tenant; provided, present however, that foregoing indemnity shall not include, and Tenant shall have no liability whatsoever for, any Hazardous Substances that were located on or future presenceabout the Premises and/or Building on, removal or disposal before, the Commencement Date, nor any Hazardous Substances placed on or about the Premises and/or Building by Landlord, its employees, agents or contractors, or by any other tenant. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any Hazardous Substances on or about the Premises (or, as a result of Tenant’s actions, on or about other portions of the Project), then, if such testing determines that Tenant has breached this Section 28.18, the costs thereof shall be reimbursed by Tenant to Landlord upon demand additional charges. In addition, ▇▇▇▇▇▇ shall execute affidavits, representations and the like from time to time at Landlord’s request concerning ▇▇▇▇▇▇’s knowledge and belief regarding the presence of Hazardous Substances or materials on the Premises. The within covenants and indemnity shall survive the expiration or earlier termination of the Term .. Landlord represents and warrants to Tenant that, as of the Effective Date, ▇▇▇▇▇▇▇▇ has received no written notice(s) of any violation of Hazardous Materials over, beneath, in or on Substances laws related to the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeBuilding.

Hazardous Materials. Except The Tenant shall not use, handle, store or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises except for (i) the storage and use of such materials, in accordance with applicable law and regulation in such reasonable amounts as set forth is customarily used in connection with the Permitted Use, and (ii), the storage and use of other Hazardous Materials consented to by Landlord in advance which consent may be withheld in Landlord’s sole and absolute discretion. Any Hazardous Materials in the Reports Premises, and all containers therefor, shall be used, kept, stored and disposed of in conformity with all applicable laws, ordinances, codes, rules, regulations and orders of governmental authorities. If the transportation, storage, use or disposal of Hazardous Materials anywhere on the Premises in connection with Tenant’s use of the Premises results in (as defined in 1) contamination of the Deed of Trustsoil or surface or ground water or 2) and otherwise disclosed loss or damage to Agentperson(s) or property, neither Borrower nor Guarantor has any knowledge then Tenant agrees (i) to notify Landlord immediately of any Hazardous Materials that have been generatedcontamination, releasedclaim of contamination, stored loss or deposited overdamage, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor(ii) after consultation with and approval by Landlord, to the best clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of Borrower's knowledge after due inquiryaction, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulationcosts and fees, including, without limitation limitation, attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. This provision shall survive the laws termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable law for and regulations mentioned with respect to the foregoing. The terms of this Section shall apply to any transportation, storage, use or disposal of Hazardous Materials irrespective of whether Tenant has obtained Landlord’s consent therefor but nothing in this Lease shall limit or otherwise modify the definition requirement of "Hazardous Materials" obtaining Landlord’s prior consent as set forth aboveherein. Borrower covenants that it Notwithstanding the foregoing, Tenant shall have no responsibility for any Hazardous Materials existing at the Premises as of the Term Commencement Date and Landlord shall indemnify, defend and hold harmless Tenant from and defend Agent and Lenders from against any and all claims, lossessuits, damagescauses of action, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restorationfees, including attorneys’ fees arising from or connected with any such contamination, claim of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses contamination, loss or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativedamage.

Hazardous Materials. Except Landlord and Tenant agree as set forth follows with respect to the existence or use of Hazardous Materials on the Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant, Tenant's employees, contractors, agents, permittees or invitees (the "Tenant Parties") after the Effective Date in or about the Reports Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or the Tenant Parties after the Effective Date. B. If the presence of Hazardous Materials on the Project caused by Tenant or the Tenant Parties after the Effective Date results in contamination or deterioration of water or soil or any other part of the Project, then Tenant shall promptly take any and all action necessary to investigate and remediate such contamination in accordance with applicable Hazardous Materials Laws. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and the Landlord Parties harmless from and against all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with any investigation and remediation (including investigative analysis, removal, cleanup, and/or restoration work) required hereunder as defined in a result of any such contamination by Tenant or Tenant Parties. C. Landlord and Tenant shall each give written notice to the Deed other as soon as reasonably practicable of Trust(i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, and otherwise disclosed to Agent, neither Borrower nor Guarantor has (ii) its knowledge of any knowledge contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant acknowledges that Landlord, as the owner of the Project, at Landlord's election, shall have been generatedthe sole right at Tenant's expense (if Tenant or Tenant's Agents are responsible for such Hazardous Materials under this Lease) to negotiate, releaseddefend, stored approve, and/or appeal any action taken or deposited overorder issued with regard to Hazardous Materials by any applicable governmental authority. Tenant may use small quantities of household chemicals such as adhesive, beneath lubricants, and deaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary to the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Project (or any portion thereof) and which Landlord consents in writing may be brought onto the Project. In granting Landlord's consent, Landlord may specify the location and manner or use, storage, or handling of any Hazardous Material. Landlord's consent shall in no way relieve Tenant from any of its obligations as contained herein. Tenant shall notify Landlord in writing at least ten (10) days prior to the first appearance of any Hazardous Material on the Land or in any structure located on Premises, the LandBuilding, the Common Areas and/or the Project. No Tenant shall provide Landlord with a list of all Hazardous Materials will and the quantities of each Hazardous Material to be used in the construction of all stored, or used, on any portion of the Project, norand upon Landlord's request Tenant shall provide Landlord with copies of any and all Hazardous Materials Management Plans, Material Safety Data Sheets, Hazardous Waste Manifests, and other documentation maintained or received by Tenant pertaining to the Hazardous Materials used, stored, or transported or to be used, stored, or transported on any portion of the Project. At any time during the Term, Tenant shall, within five (5) days after written request from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project (or have been used by Tenant on the Project), the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Section 4.14A and/or B above. Landlord may retain consultants to inspect the Project, conduct periodic environmental audits, and review any information provided by Tenant, and such costs to the extent reasonably related to Tenant's use and operation of the Premises shall be treated as Project Maintenance Costs, to the best of Borrower's knowledge after due inquiry, has any part extent properly included therein. E. Upon the expiration or earlier termination of the Land been used for Lease, Tenant, at its sole cost, shall remove all Hazardous Materials introduced by Tenant from the Project and shall provide a certificate to Landlord from a registered consultant satisfactory to Landlord, certifying that Tenant has caused no contamination of the Building or as a land fillthe soil or groundwater in or about the Premises, the result of which could impose any liability against BorrowerBuilding, Agent, Lenders the Common Areas or the Project. If Tenant fails to so surrender the Project, Tenant shall indemnify and hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Project under any applicable law or regulationas required by this Section 14.14E, including, without limitation limitation, any claims or damages in connection with the laws and regulations mentioned condition of the Project including, without limitation, damages occasioned by the inability to lease the Project (or any portion thereof) or a reduction in the definition fair market and/or rental value of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifythe Premises, hold harmless and defend Agent and Lenders from any and all claimsthe Building, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on Common Areas and/or the Project regardless by reason of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any such Hazardous Materials in or around the Premises, the Building, the Common Areas and/or the Project. In addition, Landlord shall be entitled to any governmental agency; and (c) any and all expenses damages directly or obligations indirectly incurred at, before and after any trial or appeal therefromin connection with such holding over, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid damages occasioned by Borrower when incurred. The provisions the inability to lease the Project or a reduction of the foregoing representations, warranties and covenants shall not limit the provisions fair market and/or rental value of the Indemnity Agreement Premises, the Building, the Common Areas and/or the Project. F. As used herein, the term "Hazardous Materials" means any product, substance, chemical, material or waste which by itself or in combination with other materials is (i) potentially harmful to public health, safety, welfare or the environment and (ii) regulated or monitored by any governmental authority. Hazardous Materials include, without limitation, hydrocarbons, petroleum, gasoline, crude oil or any fraction, product or by-product thereof. "Hazardous Material Laws" means all federal, state and local laws, statutes, ordinances, codes rules, regulations, standards, orders and requirements pertaining to Hazardous Materials and/or environmental conditions in, on, under or about the rightsPremises, remedies the Building the Common Areas and/or the Project, including soil and protections herein and therein shall be cumulativegroundwater conditions, whether now in effect or which may hereafter come into effect. G. Tenant's failure to comply with any of the requirements of this Section

Hazardous Materials. Except Landlord and Tenant agree as set forth follows with respect to the existence or use of Hazardous Materials on the Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Reports Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant’s Agents after the Effective Date. B. If the use, storage, treatment, transportation, release or disposal of any Hazardous Material by Tenant or any of Tenant’s Agents after the earlier of (i) the commencement of the term of the Sublease (as defined in Addendum No. 1) or (ii) the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion date Tenant takes occupancy of the ProjectPremises under the Sublease results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination, nor, then Tenant shall promptly take any and all action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys’ fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use (a) small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and (b) such other Hazardous Materials as are necessary and used in the management and operation of the business of the original party signing this Lease as tenant as of the Commencement Date as disclosed in the Hazardous Material Questionnaire attached hereto as Exhibit E, which materials in either case were or future presenceare used in the manner for which they were designed and in such amounts as may be necessary for the operation of such business at the Property. If Tenant assigns this Lease or sublets any space, removal then any such assignee’s or sublessee’s use of Hazardous Materials in the normal and customary operation of its business shall be subject to the prior written approval of Landlord. At any time during the Lease Term, Tenant shall, within fifteen (15) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project, the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in ¶7.2A and/or ¶7.2B. E. As used herein, the term “Hazardous Material,” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term “Hazardous Material,” includes, without limitation, petroleum products, asbestos, PCB’s, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response; Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeMaterial.

Hazardous Materials. (a) For purposes of this Sublease, the term “Hazardous Material” means any hazardous substance, hazardous waste, infectious waste, petroleum product or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state or federal governmental authority. Except for reasonable quantities of ordinary office supplies such as set forth copier toners, liquid paper and ink and common cleaning materials and solvents or other substances commonly used in non-hospital medical offices (all of which shall in any event be kept, stored and used only in accordance with applicable laws and regulations), Subtenant shall not cause or permit any Hazardous Material to be brought, kept or used in or about the Subleased Premises or the Park by Subtenant, its agents, employees, contractors, or invitees. Subtenant hereby agrees to indemnify Sublandlord from and against any breach by Subtenant of the obligations stated in the Reports (as defined in the Deed of Trust) preceding sentence, and otherwise disclosed agrees to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability defend and hold Sublandlord harmless from and against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities, or other relief; losses (including, without limitation, diminution in value of the Building or the Park, damages for the loss or restriction or use of rentable space or of any amenity of the Park, damages arising from any adverse impact on marketing of space in the Building or the Park, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Sublease Term as a result of such breach. This indemnification of Sublandlord by Subtenant includes, without limitation, costs incurred in connection with any investigation of site conditions and any cleanup, remedial removal, or restoration work required due to the presence of Hazardous Material. Subtenant shall promptly notify Sublandlord of any release of a Hazardous Material in the Subleased Premises or (if caused by Subtenant or its agents or contractors) in the Park. (b) costs If Subtenant knows, or has reasonable cause to believe, that a Hazardous Material, or a condition involving or resulting from same, has come to be located in, on or under or about the Subleased Premises or the Park, Subtenant shall immediately give written notice of removal and restoration, including fees of attorneys and experts and costs of reporting the existence such fact to Sublandlord. Subtenant shall also immediately give Sublandlord (without demand by Sublandlord) a copy of any Hazardous Materials statement, report, notice, registration, application, permit, license, given to or received by Subtenant from or to any governmental agency; and (c) authority or persons entering or occupying the Subleased Premises, concerning the presence, spill, release, discharge of or exposure to, any and all expenses Hazardous Material or obligations incurred atcontamination in, before and after any trial on or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of about the foregoing representations, warranties and covenants shall not limit Subleased Premises or the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativePark.

Hazardous Materials. Except as set forth in Contamination. Borrower agrees to, (a) give notice to Lender immediately upon Borrower’s acquiring knowledge of the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge presence of any Hazardous Materials that have been generated(other than those stored in compliance with applicable Laws and are in Borrower’s possession in the ordinary course of business) on any property owned or controlled by Borrower or for which Borrower is responsible or of any Hazardous Materials contamination with a full description thereof for which remedial or corrective action is required; (b) promptly take action to comply with any Laws requiring the removal, releasedtreatment or disposal of Hazardous Materials or Hazardous Materials contamination and provide Lender with satisfactory evidence of such action, stored which action must be in all respects sufficient to avoid any penalty, assessment or deposited over, beneath notice of non-compliance with any required remedial or corrective action on the Land part of any Governmental Authority; (c) provide Lender, within 30 days after a demand by Lender, with a bond, letter of credit or in any structure located on similar financial assurance evidencing to Lender’s reasonable satisfaction that the Land. No necessary funds are available to pay the cost of removing, treating and disposing of Hazardous Materials will or Hazardous Materials contamination identified to Lender under the terms of this Section and discharging any Lien which may be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or established as a land fillresult thereof on any property owned or controlled by Borrower or for which Borrower is responsible; and (d) defend, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless Lender and defend Agent its employees, trustees, successors and Lenders assigns from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of claims which may now or in any way relating to the past, present future (whether before or future presence, removal or disposal after the termination of this Agreement) be asserted as a result of the presence of any Hazardous Materials over, beneath, in on any property owned or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) controlled by Borrower for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of which Borrower is responsible for any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativecontamination.

Hazardous Materials. Except 1. To the actual knowledge of Newmark Pacific, Inc., Landlord's representative handling the Building, as set forth of the Effective Date, without having made any investigation (and without having been deemed to have investigated or discovered any unknown facts which such investigation would have disclosed), and subject to and qualified by all information and disclosure made to Landlord by Prime Landlord and to Tenant by Landlord (including but not limited to those disclosures made as described in Exhibits H and I to the Reports Prime Lease and Paragraph 6 of the First Addendum to Lease), (i) the soil, surface water or groundwater on or under the Premises and the Project does not contain Hazardous Materials (as defined in the Deed of TrustPrime Lease) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of in amounts which violate any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used Laws (as defined in the construction Prime Lease) to the extent that any governmental entity could require any of all Prime Landlord, Landlord or Tenant to take any portion remedial action with respect to such Hazardous Materials; (ii) no asbestos-containing building materials are present in the Building; and (iii) no action, proceeding or claim is pending or threatened regarding the Building concerning any Hazardous Materials. 2. Tenant acknowledges Prime Landlord's disclosure to Landlord in Exhibit I and under Paragraph 6 of the Project, nor, First Addendum to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth aboveLease. 3. Borrower covenants that it Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and defend Agent and Lenders from against any and all claimsliabilities, losses, claims, damages, response costs and expenses (collectivelylost profits, "Claims") arising out of or in any way relating to the pastconsequential damages, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damagesinterest, penalties, response costsfines, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitationmonetary sanctions, attorneys' fees, witness experts' fees, deposition court costs, photocopying charges remediation costs, investigation costs, and other expenses, all of expenses which shall be paid by Borrower when incurred. The provisions result from or arise in any manner whatsoever out of the foregoing representationsuse, warranties storage, treatment, transportation, release or disposal of Hazardous Materials on or about the Project by Tenant or Tenant's Agents (as defined in the Prime Lease) after the Commencement Date. 4. Landlord shall indemnify, defend upon demand with counsel reasonably acceptable to Tenant, and covenants shall not limit the provisions hold harmless Tenant from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the Indemnity Agreement and use, storage, treatment, transportation, release or disposal of Hazardous Materials on or about the rights, remedies and protections herein and therein shall be cumulativeProject by Landlord or Landlord's Agents (as defined in the Prime Lease) before or during the Term.

Hazardous Materials. Except as set forth in the Reports Licensee will not store, use, generate, or dispose of any “hazardous materials” (as defined in below) in, on, or about each Facility, the Deed of Trust) and otherwise disclosed building, or the property nor will Licensee permit its agents, employees, or contractors to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Landdo so. No Hazardous Materials semiconductors or other electronic equipment containing hazardous materials will either be used or stored by Licensee in or about any Facility, the building, or the property, and no such materials will be used in the construction of all or any portion of the ProjectEquipment installed by Licensee in any Facility. Notwithstanding the foregoing, norsubject to the Licensor’s prior written approval, Licensee may use sealed batteries, which may contain environmentally sensitive materials, as a back-up power supply for certain items of its Equipment. Such batteries will be installed, maintained, and removed by Licensee in accordance with all applicable laws and the Licensor’s reasonable requirements and such batteries (including any leakage therefrom, which Licensee will in any event immediately remediate) will be the sole responsibility of Licensee. If Licensee breaches the obligations stated in the preceding sentences of this section, or if the presence of materials in each Facility, building or property caused or permitted by Licensee (including for avoidance of doubt materials leaking from any sealed battery) during the term of this Agreement results in contamination of each Facility, building, or property, and such materials are deemed, as a matter of law, to be hazardous materials at the best time of Borrower's knowledge after due inquiryinstallation or introduction thereof, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Licensee shall indemnify, defend and hold Licensor harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities or other relief; losses (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, diminution in value of the property or the building, damages for the loss of restriction on use of rentable or usable space or of any amenity of the property or the building, damages arising from any adverse impact on marketing of space in the building or property, and sums paid in settlement of claims, actual attorneys' ’ fees, witness consultant fees and expert fees, deposition costs, photocopying charges and other expenses, all ) which arise during or after the term as a result of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativesuch contamination.

Hazardous Materials. (a) For purposes of this Lease, the term “Hazardous Material” means any hazardous substance, hazardous waste, infectious waste, petroleum product or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state or federal governmental authority. Except for reasonable quantities of ordinary office supplies such as set forth copier toners, liquid paper and ink and common cleaning materials and solvents or other substances commonly used in non-hospital medical offices (all of which shall in any event be kept, stored and used only in accordance with applicable laws and regulations), Tenant shall not cause or permit any Hazardous Material to be brought, kept or used in or about the Premises or the Park by Tenant, its agents, employees, contractors, or invitees. Tenant hereby agrees to indemnify Landlord from and against any breach by Tenant of the obligations stated in the Reports (as defined in the Deed of Trust) preceding sentence, and otherwise disclosed agrees to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability defend and hold Landlord harmless from and against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities, or other relief; losses (including, without limitation, diminution in value of the Building or the Park, damages for the loss or restriction or use of rentable space or of any amenity of the Park, damages arising from any adverse impact on marketing of space in the Building or the Park, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term of this Lease as result of such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions and any cleanup, remedial removal, or restoration work required due to the presence of Hazardous Material. Tenant shall promptly notify Landlord of any release of a Hazardous Material in the Premises or (if caused by Tenant or its agents or contractors) in the Park. (b) costs If Tenant knows, or has reasonable cause to believe, that a Hazardous Material, or a condition involving or resulting from same, has come to be located in, on or under or about the Premises or the Park, Tenant shall immediately give written notice of removal and restoration, including fees of attorneys and experts and costs of reporting the existence such fact to Landlord. Tenant shall also immediately give Landlord (without demand by Landlord) a copy of any Hazardous Materials statement, report, notice, registration, application, permit, license, given to or received by Tenant from or to any governmental agency; and (c) authority or persons entering or occupying the Premises, concerning the presence, spill, release, discharge of or exposure to, any and all expenses Hazardous Material or obligations incurred atcontamination in, before and after any trial on or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of about the foregoing representations, warranties and covenants shall not limit Premises or the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativePark.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of a. Tenant shall not cause or permit any Hazardous Materials Material to be brought upon, kept or used on or about the Premises by Tenant, its agents, employees, contractors or invitees (including, but not limited to, members of the public) without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and unlimited discretion. Should Landlord consent to the presence of Hazardous Material on the Premises, Tenant must demonstrate to Landlord’s reasonable satisfaction that have been generated, releasedsuch Hazardous Material is necessary for Tenant’s business and will be used, stored and disposed of in a manner that complies with all laws regulating such Hazardous Material. If Tenant breaches the obligations demonstrated to Landlord in accordance with the preceding provision, or deposited over, beneath or if the presence of Hazardous Material on the Land Premises caused or permitted by Tenant results in any structure located on contamination of the Land. No Premises, or if contamination of the Premises by Hazardous Materials will be used in the construction Material otherwise occurs for which Tenant is responsible, then Tenant shall promptly forward to Landlord copies of all or any portion of the Projectorders, nornotices, communications and reports related to the best of Borrower's knowledge after due inquiryrelease, has any part of the Land been used for discharge, spill, escape or as a land fillemission which resulted in such contamination, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it Tenant shall indemnify, defend and hold Landlord harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses penalties, fines, costs, liabilities or losses (collectivelyincluding, "Claims") arising out without limitation, diminution in value of the Premises, damages for the loss of or restriction on the use of rentable or usable space or any amenity of the Premises, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any way relating to the pastinvestigation of site conditions and any cleanup, present or future presenceremedial, removal or disposal restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials over, beneath, in or Material on the Project regardless of whether such presence, removal Premises caused or disposal constitutes a breach permitted by Tenant results in any contamination of the representationsPremises, warrantiesTenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of such Hazardous Material. The foregoing indemnity shall survive the expiration or termination of this Lease. b. As used herein, covenants and agreements set forth in this Sectionthe term “Hazardous Material” means any hazardous or toxic substance, material or waste, including, but not limited to: (a) claims , those substances, materials and wastes listed in the United States Department of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Transportation Hazardous Materials to Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such substances, materials and wastes that are or become regulated under any governmental agency; and (c) any and all expenses applicable local, state or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativefederal law.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) Landlord represents and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, norwarrants that, to the best of BorrowerLandlord's knowledge after due inquiry, has any part as of the Land been date of this Lease and as of the date of Substantial Completion (i) there does not exist (and will not exist as of the date of Substantial Completion) any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be contained in customary cleaning supplies or in such other supplies (e.g. paint) that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or as a land fillin connection with the operation of loading docks) the Park not caused by Tenant or its officers, the result of which could impose any liability against Borroweremployees, Agentagents, Lenders contractors or the Project under any applicable law or regulationlicensees, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it Landlord shall indemnify, hold harmless and defend Agent and Lenders from take any and all claimsactions necessary to bring the Premises, losses, damages, response costs the Park and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and expenses (collectively, "Claims") arising out of or in any way other governmental requirements relating thereto. Landlord agrees to the past, present or future presence, removal or disposal notify Tenant immediately upon discovery of any Hazardous Materials over, beneath, in or on the Project regardless Premises or in the Park and to indemnify, defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or loss (including without limitation reasonable attorneys' fees) which arise during or after the date hereof from or in connection with the presence or suspected presence of whether such presence, removal Hazardous Materials on the Premises or disposal constitutes a breach in the Park caused directly by the negligent acts or willful misconduct of Landlord. Notwithstanding any language to the representations, warranties, covenants and agreements contrary set forth in this SectionLease, including, but not limited to: (a) claims of third parties (including governmental agencies) in no event shall Landlord be obligated to indemnify Tenant for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses which arise, as a result of the negligent acts or obligations incurred atwillful misconduct of Tenant, before and after any trial its officers, employees, agents, contractors or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurredlicensees. The provisions covenants and indemnifications set forth in this Section 5.1.8 shall survive the expiration or earlier termination of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.this Lease; and

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Property: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant, Tenant's Agents, or any other party after the Effective Date of this Lease in or about the Property shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Property by Tenant, Tenant's Agents, Permittees, or Invites after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Property caused or permitted by Tenant, Tenant's Agents, Permittees, or Invites after the Effective Date of this Lease results in the construction contamination or deterioration of all water or soil or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any other part of the Land been used for or as a land fillProperty, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, hold harmless and defend Agent and Lenders from promptly take any and all action necessary to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against, all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorney's fees and costs, arising out of or in connection with any way relating investigation and remediation (including investigative analysis, removal, cleanup, and/or restoration work) required hereunder to return the Leased Premises, Building, Common Areas, Outside Areas, and/or Property and any other property of whatever nature to their condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Property, present or future presence, removal or disposal and (ii) any contamination of the Property by Hazardous Materials which constitutes a violation of any Hazardous Materials overLaw. Tenant may use small quantities of household chemicals such as adhesives, beneathlubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary to the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Property (or on any portion thereof) and which Landlord consents in writing may be brought onto the Project regardless of whether such presenceProperty. In granting Landlord's consent, removal Landlord may specify the location and manner or disposal constitutes a breach of the representationsuse, warrantiesstorage, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence handling of any Hazardous Materials. Landlord's consent shall in no way relieve Tenant from any of its obligations as contained herein. Tenant shall notify Landlord in writing at least ten (10) days prior to the tenant bringing any Hazardous Material on the Leased Premises, Building, Common Areas, Outside Areas, and/or Property. Tenant shall provide Landlord with a list of all Hazardous Materials and the quantities of each Hazardous Materials to be stored on any governmental agency; portion of the Property, and (c) upon Landlord's request Tenant shall provide Landlord with copies of any and all expenses or obligations incurred atHazardous Materials Management Plans, before and after any trial or appeal therefromMaterial Safety Data Sheets, including without limitationHazardous Waste Manifests, attorneys' fees, witness fees, deposition costs, photocopying charges and other expensesdocumentation maintained or received by Tenant pertaining to the Hazardous Materials used, stored, or transported or to be used, stored, or transported on any portion of the Property. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Property (or have been used on the Property), the nature of which such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Property, and may cause the ground water to be tested to detect the presence of Hazardous Materials by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Borrower when incurredTenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in A and or B above. The provisions Landlord may retain consultants to inspect the Property, conduct periodic environmental audits, and review any information provided by Tenant. Tenant shall pay the reasonable cost of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativefees charged by Landlord and/or Landlord's consultants as a Property Management Cost.

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of Hazardous Materials in, on or about the Project: A. Except as set forth in the Reports (as defined in the Deed otherwise permitted pursuant to Section 7.2C below, any handling, transportation, storage, treatment, disposal or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored by Tenant and Tenant’s Agents after the Effective Date in or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or about the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth aboveis strictly prohibited. Borrower covenants that it Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord and hold harmless Landlord from and defend Agent and Lenders from against any and all claimsliabilities, losses, claims, damages, response costs lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses (collectively, "Claims") arising which result from or arise in any manner whatsoever out of or in any way relating to the pastuse, present or future presencestorage, removal treatment, transportation, release, or disposal of any Hazardous Materials over, beneath, in on or on about the Project regardless caused or permitted by Tenant or Tenant’s Agents. B. If the presence of whether Hazardous Materials in, on or about the Project caused or permitted by Tenant or Tenant’s Agents results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such presencecontamination, removal then Tenant shall promptly take any and all action necessary to investigate and remediate such contamination if required by Law or disposal constitutes as a breach condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the representationsProject or any part thereof. Tenant shall further be solely responsible for, warrantiesand shall defend indemnify and hold Landlord and its Agents harmless from and against, covenants all claims, costs and agreements set forth in this Sectionliabilities, including, but not limited to: (a) claims of third parties (including governmental agencies) for damageswithout limitation, penalties, response attorneys’ fees and costs, injunctive arising out of or other relief; in connection with any investigation and remediation required hereunder to return the Project to its condition existing prior to the appearance of such Hazardous Materials. C. Tenant shall give written notice to Landlord as soon as reasonably practicable of (bi) costs any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, and (ii) any contamination of removal and restoration, including fees of attorneys and experts and costs of reporting the existence Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Laws. Tenant may use small quantities of household chemicals such as adhesives, lubricants and cleaning fluids in order to any governmental agency; conduct its business at the Premises and such other Hazardous Materials as are reasonably necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. Any such permitted use of Hazardous Materials shall be undertaken by Tenant, at its sole cost and expense, in strict compliance with all Laws (c) any and all expenses or obligations incurred atincluding, before and after any trial or appeal therefrom, including without limitation, attorneys' feesHazardous Materials Laws), witness feesincluding, deposition costswithout limitation, photocopying charges the construction of any capital improvements that may be required by reason of such use of Hazardous Materials. At any time during the Lease Term, Tenant shall within five (5) days after written request therefore received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant in, on or about the Project, the nature of such use, and other expensesthe manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, all and may cause the ground water to be tested to detect the presence of which Hazardous Materials by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Borrower when incurredTenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Section 7.2A and/or Section 7.2B. E. As used herein, the term “Hazardous Materials” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States government. The provisions term “Hazardous Materials” includes, without limitation, petroleum products, asbestos, PCB’s, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the foregoing representationsCalifornia Administrative Code, warranties and covenants shall not limit the provisions Division 4, Chapter 20, (ii) deemed as a “hazardous waste” pursuant to Section 1004 of the Indemnity Agreement Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law(s)” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the rightsCalifornia Department of Health Services) which regulates the use, remedies and protections herein and therein shall be cumulativestorage, release or disposal of any Hazardous Materials.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed SECTION 13.01. Tenant shall act, at its expense, comply with all applicable laws, regulations, rules and orders, regardless of Trust) when they become or became effective, including without limitation those relating to health, safety, noise, environmental protection, waste disposal and otherwise disclosed to Agentwater and air quality, neither Borrower nor Guarantor has and furnish satisfactory evidence of such compliance upon request of Landlord. Should any knowledge discharge, leakage, spillage, emission, or pollution of any Hazardous Materials that have been generatedtype occur upon or from the leased Property, releaseddue to Tenant's use and occupancy thereof, stored or deposited overTenant, beneath or on at its expense shall be obligation to clean the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, Property to the best satisfaction of Borrower's knowledge after due inquiry, has Landlord and any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws governmental body having jurisdiction there over Tenant and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall landlord agree to indemnify, hold harmless and defend Agent each other against all liability, cost and Lenders from any and all claims, losses, damages, response costs and expenses expense (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' any fines, penalties, judgments, litigation costs and attorney's fees) incurred by the other party as a result of the other parties breach of this Section 13. Landlord hereby represents and warrants to Tenant that to the best of Landlord's knowledge, witness feesneither Landlord, deposition costsnor to the best of Landlord's knowledge any other person has ever caused or permitted any Hazardous Material to be released from the leased Property, photocopying charges into any water course, body or water, or wetlands and other expensesneither has the leased Property ever been used as a treatment, all of which shall be paid by Borrower when incurredor disposal site for any Hazardous Material. The provisions term "Hazardous Material" means and includes any petroleum products and any hazardous substance or any pollutant or contaminant defined as such (or for purposes of) the Comprehensive Environmental Response Compensation, and Liability Act; any so-called "Superfund" or "Superlien" law; Toxic Substances Control Act; or other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulation, relating to, or imposing liability or standards of the foregoing representationsconduct concerning any hazardous, warranties toxic or dangerous wastes, substance or material, as now or at any time hereafter in effect; and covenants shall not limit the provisions of the Indemnity Agreement and the rightsasbestos or any substance or compound containing asbestos, remedies and protections herein and therein shall be cumulativePCB's or any other hazardous, toxic or dangerous waste, substance or material (hereinafter collectively referred to as "Environmental Laws").

Hazardous Materials. Except as set forth Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the Reports (as defined in the Deed violation of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge Environmental Law or presence of any Hazardous Materials that have been generatedMaterials, releasedother than office and janitorial supplies as permitted above, stored or deposited over, beneath or on the Land Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or in exacerbated by Tenant or any structure located on Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the Landcost of conducting such tests. No The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials will be used in or the construction environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all or any portion steps necessary to rectify the same to the satisfaction of the Projectapplicable agencies and Landlord, noror shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to the best Landlord of Borrower's knowledge after due inquiryperforming rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, has any part based upon Landlord’s reasonable estimate of the Land been used for cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth abovecase may be. Borrower covenants that it Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and defend Agent Landlord’s affiliated entities, and Lenders each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, lossesjudgments, damagescauses of action, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, taxes, costs, injunctive liabilities, losses and expenses arising at any time during or other relief; after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) costs the presence of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to any governmental agency; and (c) any and all expenses or obligations incurred atact, before and after any trial or appeal therefromin connection with the Premises. This indemnity shall include, including without limitation, attorneys' feesthe cost of any required or necessary repair, witness feescleanup or detoxification, deposition costsand the preparation and implementation of any closure, photocopying charges and monitoring or other expensesrequired plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of which shall be paid by Borrower when incurredindemnification pursuant hereto. The provisions of Tenant’s obligations pursuant to the foregoing representations, warranties and covenants indemnity shall not limit survive the provisions expiration or termination of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativethis Lease.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) Landlord represents and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, norwarrants that, to the best of BorrowerLandlord's knowledge after due inquiry, has any part as of the Land been date of this Lease (i) there does not exist any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be specified in Tenant's Plans or as may be contained in customary cleaning supplies or in such other supplies that are necessary for Landlord to perform its obligations hereunder. In the event that any such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Building as a land fill, the result of which could impose any liability against Borrowernegligent acts or gross misconduct of Landlord, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it Landlord shall indemnify, hold harmless and defend Agent and Lenders from take any and all claimsactions necessary to bring the Premises, losses, damages, response costs and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and expenses (collectively, "Claims") arising out of or in any way other governmental requirements relating thereto. Landlord agrees to the past, present or future presence, removal or disposal notify Tenant immediately upon discovery of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presencePremises and to indemnify, removal defend and hold harmless Tenant and its officers, employees and agents from and against any claims, judgments, damages, penalties, fines, costs, liabilities or disposal constitutes a breach loss which arise (a) before the commencement of the representationsTerm and (b) during or after the Term from or in connection with the presence or suspected presence of Hazardous Materials on the Premises or in the Park caused directly by the negligent acts or gross misconduct of Landlord. In no event shall Landlord be obligated to indemnify Tenant for any Hazardous Materials which arise, warrantiesas a result of the negligent acts or gross misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and agreements indemnifications set forth in this Section, including, but not limited to: (a) claims Section 5.1.8 shall survive the expiration or earlier termination of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other reliefthis Lease; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.and

Hazardous Materials. Except as set forth in As used herein, the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agentterm “Hazardous Material,” means any substance, neither Borrower nor Guarantor has any knowledge material or waste which is or becomes regulated by laws of any local governmental authority, the State in which the applicable Premises are located or the United States Government as a threat to human health or the environment (“Hazardous Materials that have been generatedMaterial Laws”). Tenant will not cause any Hazardous Material to be brought upon, released, stored kept or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction Premises in violation of applicable Hazardous Material Laws. Tenant acknowledges and agrees that all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project reporting and warning obligations required under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders Material Laws resulting from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to Tenant’s use of the pastPremises or Property are Tenant’s sole responsibility, present regardless whether the Hazardous Material Laws permit or future require Landlord to report or warn. Tenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord from and against any and all claims whatsoever arising or resulting, in whole or in part, directly or indirectly, from the presence, removal treatment, storage, transportation, disposal, release or disposal management of any Hazardous Materials overMaterial in, beneathon, under, upon or from the Premises or Property resulting from or in or on the Project regardless of whether such presence, removal or disposal constitutes a breach any way related to Tenant’s use of the representationsPremises or Property in violation of applicable Hazard Material Laws. Landlord represents and warrants to Tenant that the Premises, warrantiesBuilding, covenants Land and agreements set forth in this Section, including, but Common Areas do not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of contain any Hazardous Materials and the Premises, Building, Land and Common Areas are in substantial compliance with applicable Hazard Material Laws. Landlord shall release and indemnify, defend (with counsel reasonably acceptable to any governmental agency; Tenant), protect and (c) hold harmless Tenant from and against any and all expenses claims whatsoever arising or obligations incurred atresulting, before in whole or in part, directly or indirectly, from Landlord’s breach of this environmental representation and after warranty, as well as any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurredHazardous Materials present at the Property prior to the Commencement Date. The provisions obligations of Landlord and Tenant under this Section survive the foregoing representations, warranties and covenants shall not limit the provisions expiration or earlier termination of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativethis Lease.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) and otherwise disclosed Tenant shall not use or allow another person or entity to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has use any part of the Land been Leased Premises for the storage, use, treatment, manufacture or sale of "Hazardous Material," as that term is defined herein. As used for or as a land fillherein, the result of term "Hazardous Material" means any hazardous or toxic substance, material or waste which could impose is or becomes regulated by any liability against Borrowerlocal governmental authority, Agent, Lenders the state in which the Building is located or the Project under any applicable law or regulationUnited States Government, including, without limitation limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance" or "hazardous material" under any applicable federal, state or local law or administrative code promulgated thereunder, (ii) petroleum, or (iii) asbestos. Hazardous Material shall not include copier toner or normal cleaning supplies. Tenant shall notify Landlord immediately after Tenant becomes aware of the laws and regulations mentioned in release of any Hazardous Material in, on or about the definition of "Hazardous Materials" set forth aboveReal Property. Borrower covenants that it shall In addition, Tenant agrees to indemnify, defend, protect and hold Landlord harmless from and defend Agent and Lenders from against any and all claims, lossesactions, administrative proceedings, judgments, damages, response punitive damages, penalties, fines, costs, liabilities, interest or losses, including reasonable attorneys' fees and expenses, consultant fees, and expert fees, together with all other costs and expenses (collectivelyof any kind or nature, "Claims") arising out of that arise during or after the Lease Term directly or indirectly from or in any way relating to connection with the past, present or future presence, removal suspected presence, release or disposal suspected release of any Hazardous Materials over, beneath, in or on into the Project regardless of whether such presenceair, removal soil, surface water or disposal constitutes a breach of groundwater at, on, about, under or within the representationsPremises or Real Property or any portion thereof, warrantiescaused by Tenant, covenants its assignees or subtenants and/or their respective agents, employees, contractors, licensees or invitees. In addition, Landlord agrees to indemnify, defend, protect and agreements set forth in this Sectionhold Tenant harmless from and against any and all claims, includingactions, but not limited to: (a) claims of third parties (including governmental agencies) for administrative proceedings, judgments, damages, punitive damages, penalties, response fines, costs, injunctive liabilities, interest or other relief; (b) costs of removal and restorationlosses, including reasonable attorneys' fees and expenses, consultant fees, and expert fees, together with all other costs and expenses of attorneys and experts and costs of reporting any kind or nature, that arise during or after the existence Lease Term directly or indirectly from or in connection with the presence, suspected presence, release or suspected release of any Hazardous Materials to any governmental agency; and (c) any and all expenses in or obligations incurred into the air, soil, surface water or groundwater at, before and after on, about, under or within the Premises or Real Property or any trial portion thereof, caused by Landlord or appeal therefromits agents, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeemployees or contractors.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's Agents after the earlier of the Commencement Date or the date Tenant is provided early access as provided in Section 2.5 hereof in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant's Agents after the earlier of the Commencement Date or the date Tenant is provided early access as provided in Section 2.5 hereof. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used in Project caused or permitted by Tenant or Tenant's Agents after the construction of all or any portion earlier of the ProjectCommencement Date or the date Tenant is provided early access as provided in Section 2.5 hereof results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination, nor, then Tenant shall promptly take any and all action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including reasonable attorneys' fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials used, present stored, treated, transported, released or future presencedisposed by Tenant or Tenant's Agents. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, removal or disposal and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials overLaw. Tenant may use small quantities of household chemicals such as adhesives, beneathlubricants, and cleaning fluids in or on order to conduct its business at the Project regardless of whether Premises and such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all as are necessary for the operation of Tenant's business of which shall be paid by Borrower when incurred. The provisions of Landlord receives notice prior to such Hazardous Materials being brought onto the foregoing representations, warranties Premises and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.which Landlord consents in writing may

Hazardous Materials. Except Landlord warrants and covenants to -------------------------------- Tenants, its officers, directors, and shareholders, that as set forth in of the Reports (Commencement Date the Premises shall not contain any Hazardous Materials, as defined herein, except in the Deed of Trust) small amounts incidental to their permitted use. Landlord shall defend, indemnify and otherwise disclosed to Agenthold harmless Tenant from and against any loss, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generatedclaims, releasedpenalties, stored fines, liabilities, settlements, damages, costs, or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, expenses (including, without limitation limitation, attorney and consultant fees, court costs and litigation expenses) arising as a result of any violation by Landlord of the terms of this Section, or any contamination of the Premises by Hazardous Materials as a result of action by Landlord or Landlord's agents, employees, contractors, or invitees. 15.1 Except in small amounts incidental to their permitted use, Tenant shall not cause or permit any Hazardous Material to be stored, generated, brought upon, kept, or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, without first obtaining Landlord's written consent. 15.2 Any Hazardous Material permitted on the Premises, and all containers therefor, shall be used, kept, stored and disposed of in a manner that complies with all federal, state and local laws or regulations applicable to any such Hazardous Material. 15.3 Tenant will in no event permit or cause any disposal of Hazardous Materials in or about the Premises. 15.4 Tenant shall give immediate notice to Landlord of any violation or potential violation of the provisions of this Section and regulations mentioned will at all reasonable times, upon prior notice as provided elsewhere in this Lease, permit Landlord or its agents to enter the definition of "Hazardous Materials" set forth above. Borrower covenants that it Premises to inspect the same for compliance with this section. 15.5 Tenant shall indemnifydefend, indemnify and hold harmless Landlord from and defend Agent and Lenders from against any and all loss, claims, lossespenalties, fines, liabilities, settlements, damages, response costs, or expenses (including, without limitation, attorney and consultant fees, court costs and expenses (collectively, "Claims"litigation expenses) arising out of during or in any way relating to after the past, present or future presence, removal or disposal Lease term as a result of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach violation by Tenant of the representations, warranties, covenants and agreements set forth in terms of this Section, including, but not limited to: (a) claims or any contamination of third parties (including governmental agencies) for damages, penalties, response costs, injunctive the Premises or any other relief; (b) costs land of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Landlord by Hazardous Materials to any governmental agency; and (c) any and all expenses as a result of action by Tenant or obligations incurred atTenant's agents, before and after any trial employees, contractors, or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. invitees. 15.6 The provisions of this section shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or equity and shall survive the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections transactions contemplated herein and therein shall be cumulativesurvive the termination of this Lease.

Hazardous Materials. Except as set forth Landlord represents and warrants that the Landlord has not at any time engaged in, caused, or permitted any Prohibited Activities or Conditions with respect to the Premises. To Landlord’s knowledge no Prohibited Activities or Conditions exist or have existed on the Premises. The Premises do not now contain any above-ground or underground storage tanks, and, to Landlord’s knowledge, the Premises has not contained any above-ground or underground storage tanks in the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has past. If there is or was any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure storage tank located on the LandPremises which has been previously disclosed by Landlord to Tenant, that tank complies with, or has been removed in compliance with, all requirements of Environmental Laws. No There are no actions, suits, claims, orders, proceedings pending or, to Landlord’s knowledge, threatened that involve the Premises and allege, arise out of or relate to any Prohibited Activity or Condition. The Landlord has not received any complaint, order notice of violation, or other communication with regard to air emissions, water discharges, noise emissions, or Hazardous Materials will be used in the construction of all Materials, or any portion of other environmental, health, or safety matters affecting the ProjectPremises. Landlord shall indemnify, norhold harmless, to and defend the best of Borrower's knowledge after due inquiryTenant for, has any part of the Land been used for from, and against all actions, suits, judgments, claims, proceedings, orders, losses, liabilities, damages penalties, fines, costs, and expenses (whether initiated or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders sought by governmental authorities or the Project under any applicable law or regulationprivate parties), including, without limitation limitation, all costs of investigations, monitoring, clean-up, remediation, removal, restoration, court costs and fees, attorneys’ fees and expert witness costs of any kind or nature whatsoever, which may, at any time or from time to time, be imposed upon, incurred by, or asserted or awarded against, Tenant, by reason of, or arising from or out of, the laws and regulations mentioned following: (i) any breach of any representation or warranty of Landlord in the definition of "this Lease with respect to Hazardous Materials" set forth above; (ii) the existence or alleged existence of any Prohibited Activity or Condition, including any loss, cost, or damage arising out of the existence of any underground storage tank on the Premises, whether known or unknown to Landlord; (iii) the presence (or alleged presence) or the release of Hazardous Materials unless caused by Tenant, or the pollution or contamination, of, on, from, under, or affecting: (A) the Premises without regard to the source, or (B) any other property or any air space, surface water, or ground water if the Hazardous Materials were derived from, or alleged to have derived from, the Premises unless caused by Tenant; or (iv) the actual or alleged violation of any Environmental Law at the Premises unless caused by Tenant. Borrower covenants Tenant represents and warrants that it Tenant will not at any time engage in, cause, or permit any Prohibited Activities or Conditions with respect to the Premises. Tenant shall indemnify, hold harmless harmless, and defend Agent the Landlord for, from, and Lenders from any and against all actions, suits, judgments, claims, proceedings, orders, losses, damagesliabilities, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive and expenses (whether initiated or other relief; (b) sought by governmental authorities or private parties), including, without limitation, all costs of removal and investigations, monitoring, cleanup, remediation, removal, restoration, including fees court costs and fees, and out-of-pocket expenses of attorneys and experts and costs of reporting the existence expert witnesses of any kind or nature whatsoever, which may, at any time or from time to time, be imposed upon, incurred by, or asserted or awarded against, Landlord, by reason of, or arising from or out of, the following: (i) the presence (or alleged presence) or the release of Hazardous Materials to any governmental agency; and caused by Tenant, or the pollution or contamination, of, on, from, under, or affecting: (cA) the Premises if caused by Tenant, or (B) any and all expenses other property or obligations incurred atany air space, before and after surface water, or ground water if the Hazardous Materials were derived from, or alleged to have derived from, the Premises caused by Tenant; or (iv) the actual or alleged violation of any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid Environmental Law at the Premises caused by Borrower when incurredTenant. The provisions of following capitalized terms shall have the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.following meanings:

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) Landlord represents and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, norwarrants that, to the best of Borrower's knowledge after due inquiryLandlord’s knowledge, has any part as of the Land been used for or Commencement Date no release (as a land fill, the result hereafter defined) of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned Hazardous Materials had occurred in the definition Premises or that Hazardous Materials are otherwise present in the Premises and/or the Property. Landlord represents and warrants that the Premises are in compliance with all federal, state and/or local statutes, regulations, rules and/or ordinances, and with all orders, decrees or judgments of "governmental authorities or courts having jurisdiction, relating to the use, generation, manufacture, collection, treatment, disposal, storage, control, removal or clean up of Hazardous Materials" set forth aboveMaterials (“Environmental Laws”). Borrower covenants that it To the extent any Hazardous Materials were present in, at, on or about the Premises and/or the Property at the Commencement Date, through no fault of Tenant, and Tenant notifies Landlord in writing of such Hazardous Materials not later than twenty (20) days following the Commencement Date, Landlord shall be responsible for removing or otherwise monitoring or remediating such Hazardous Materials as required by, and in full compliance with, all Environmental Laws at no cost to Tenant. Tenant shall indemnify, protect, defend and hold Landlord and its officers, directors, shareholders, agents and assigns (the “Landlord Indemnities”) harmless from and defend Agent and Lenders from against any and all claimscosts, fees, damages, losses, damages, response costs and expenses (collectively, "Claims") arising out and/or liabilities of any kind or nature in any way relating related to the pastexistence, present or future presenceremoval, removal transportation or disposal of any Hazardous Materials overin, beneathat, in on or on about the Project regardless Property caused by Tenant or any of whether such presenceTenant’s invitees, removal agents, employees, contractors, subtenants or disposal constitutes a breach licensees. If any action or proceeding is brought against any of the representationsLandlord Indemnities by reason of such claim, warrantiesTenant, covenants and agreements set forth in this Sectionupon notice from any of the Landlord Indemnities, includingshall defend the same at Tenant’s expense by counsel selected by the Landlord. In the event any of the Landlord Indemnities incurs any costs, but not limited to: (a) claims of third parties (including governmental agencies) for fees, damages, penaltieslosses, response expenses, and/or liabilities in connection with a release of Hazardous Materials by Tenant or any of Tenant’s agents, employees, contractors, subtenants or licensees, Tenant shall pay such costs, injunctive fees and/or expenses within thirty (30) days of written request from the affected Landlord Indemnities. Other than in the case of an emergency, Landlord shall not incur any fees or other relief; (b) costs of removal and restoration, including before notifying Tenant that it is likely to incur such fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeunless Tenant takes corrective action.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in existence or use of the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonable acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant’s Agents after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Project caused or permitted by Tenant or Tenant’s Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the construction of levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys’ fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials Tenant or Tenant’s agents. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall, within five business days after written request therefore received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project, the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests, and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in ¶7.2A and/or ¶7.2B; otherwise, such costs shall be paid entirely by Landlord. E. As used herein, the term “Hazardous Material,” means any hazardous or future presencetoxic substance, removal material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term “Hazardous Material,” includes, without limitation, petroleum products, asbestos, PCB’s, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article II of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response; Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeMaterial.

Hazardous Materials. Except Tenant shall not violate any law or regulation of any federal, state or local governmental authority having jurisdiction over Hazardous Material. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant shall have the duty and obligation to cure any environmental contamination in connection with the Building caused by Tenant and first occurring on or after the date Tenant takes possession of the Leased Premises, and ▇▇▇▇▇▇ agrees to indemnify and hold harmless Landlord from and against all claims and damages of whatsoever nature, asserted against Landlord, or the Leased Premises relating to or as a result of Tenant’s or any sub-lessee’s use and occupancy of the Property, including but not limited to all clean-up and remediation costs, claims of personal injury or property damage, and court costs and reasonable attorneys’ fees incurred in any mediation, arbitration trial or appellate proceeding pertaining thereto. Tenant shall have no obligation to remediate any preexisting Hazardous Substances on the Leased Premises and Landlord agrees to indemnify and hold harmless Tenant from the same to the extent permitted by law. Landlord shall be responsible for any violation of any environmental laws, rules or regulations, or the presence of any Hazardous Substances in connection with the Leased Premises first occurring prior to the date Tenant takes possession of the Leased Premises, shall pay for the remediation thereof as set forth in the Reports (as defined in the Deed of Trust) Development Agreement and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, norshall, to the best of Borrower's knowledge after due inquiryextent permitted by applicable law, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeindemnify Tenant with respect thereto.

Hazardous Materials. Except Landlord and Tenant agree as set forth follows with respect to the existence or use of Hazardous Materials on the Property: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant, Tenant’s agents, or any other party after the Effective Date of this Lease in or about the Reports (as defined Property shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the Deed use, storage, treatment, transportation, release, or disposal of Trust) and otherwise disclosed to AgentHazardous Materials on or about the Property by Tenant, neither Borrower nor Guarantor has any knowledge of Tenant’s agents, permitees, or invitees after the Effective Date. Tenant shall not be responsible for any Hazardous Materials that have been generatedhandling, releasedtransportation, stored storage, treatment, disposal or deposited over, beneath use on or about the Property prior to the Effective Date. B. If the presence of Hazardous Materials on the Land Property caused or permitted by Tenant, Tenant’s agents, permitees, or invitees after the Effective Date of this Lease results in contamination or deterioration of water or soil on any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any other part of the Land been used for or as a land fillProperty, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, hold harmless and defend Agent and Lenders from promptly take any and all action necessary to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against, all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorney’s fees and costs, arising out of or in connection with any way relating investigation and remediation (including investigative analysis, removal, cleanup, and/or restoration work) resulting from the presence of Hazardous Materials on the Property caused or permitted by Tenant, Tenant’s agents, permitees, invitees or assigns, which may be required hereunder to return the Leased Premises, Building, Outside Areas, and/or Property and any other property of whatever nature to their condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Property, present or future presence, removal or disposal and (ii) any contamination of the Property by Hazardous Materials which constitutes a violation of any Hazardous Materials overLaw. Tenant acknowledges that Landlord, beneathas the owner of the Property, at Landlord’s election, shall have the sole right at Tenant’s expense to negotiate, defend, approve, and/or appeal any action taken or order issued with regard to Hazardous Materials by any applicable governmental authority. Tenant may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Leased Premises and such other Hazardous Materials as are necessary to the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Property (or any portion thereof) and which Landlord consents in writing may be brought onto the Property. Landlord’s consent shall in no way relieve Tenant from any of its obligations as contained herein; provided, however, that if Landlord shall consent in writing to Tenant bringing certain Hazardous Materials onto the Property, Tenant shall not subsequently be required to obtain Landlord’s written consent to bring the same Hazardous Materials on the Property unless there is a material change in any matter relating to such Hazardous Materials, including, without limitation, a material change in the quantity thereof or a material change in the use thereof, from the time that Landlord granted its initial approval thereof. Tenant shall notify Landlord in writing at least ten (10) days prior to the first appearance of any Hazardous Material on the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall provide Landlord with a list of all Hazardous Materials and the quantities of each Hazardous Material to be stored on any portion of the Property, and upon Landlord’s request Tenant shall provide Landlord with copies of any and all Hazardous Materials Management Plans, Material Safety Data Sheets, Hazardous Waste Manifests, and other documentation maintained or received by Tenant pertaining to the Hazardous Materials used, stored, or transported or to be used, stored, or transported on any portion of the Property. At any time during the Lease Term, Tenant shall, within five (5) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Property (or have been used on the Property), the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing w▇▇▇▇ to be installed on the Property, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such w▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in A and or B above. Landlord may retain consultants to inspect the Property, conduct periodic environmental audits, and review any information provided by Tenant. Tenant shall pay the reasonable cost of fees charged by Landlord and/or Landlord’s consultants as a Property Maintenance Cost. E. Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost, shall remove all Hazardous Materials from the Property caused or permitted by Tenant, its invitees, agents or assigns and shall provide to Landlord from a registered environmental consultant selected by Tenant and reasonably acceptable to Landlord (or if Tenant shall not select a registered environmental consultant, an environmental consultant chosen by Landlord, whose fees shall be paid directly by Tenant) the request for closure that will be provided to the local governmental agency, which request will indicate the closure plan, the test results, and the conclusion that the test results indicate that the site is ready to be closed as to Tenant’s use of hazardous materials on site. Tenant will also provide to Landlord a site closure letter or site approval letter from the fire department or any other applicable governmental authority indicating that the property has been inspected and based on the request for closure and the data and representations attached thereto, that the site may be closed. Landlord may retain, at Landlord’s sole cost, its own environmental consultant to oversee Tenant’s request for closure and the closure letter procedures described above, which environmental consultant shall reasonably approve Tenant’s closure of the site for such closure to be deemed acceptable pursuant to this Section 4.14(E). If Tenant fails to so surrender the Property upon the expiration or earlier termination of this Lease, Tenant shall indemnify and hold Landlord harmless from all damages resulting from Tenant’s failure to surrender the Property as required hereby, including, without limitation, any claims or damages in connection with the condition of the Property including, without limitation, damages occasioned by the inability to release the Property (or any portion thereof) or a reduction in the fair market and/or rental value of the Property, Building, Outside Areas, and/or Property by reason of the existence of any Hazardous Materials in or on around the Project regardless of whether such presenceLeased Premises, removal Building, Outside Areas, and/or Property. F. As used herein, the term “Hazardous Materials(s)” means any hazardous or disposal constitutes a breach toxic substance, material or waste, which is or becomes regulated by any federal, state, regional or local governmental authority because it is in any way hazardous, toxic, carcinogenic, mutagenic or otherwise adversely affects any part of the representations, warranties, covenants and agreements set forth in this Sectionenvironment or creates risks of any such hazards or effects, including, but not limited to: , petroleum; asbestos, and polychlorinated bipheyls and any material, substance, or waste (a) claims defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of third parties the California Health and Safety Code, Division 20, Chapter 6.5 (including governmental agencies) for damages, penalties, response costs, injunctive or other reliefHazardous Waste Control Law); (b) costs defined as a “hazardous substance” under Section 25316 of removal the California Health and restorationSafety Code, including fees of attorneys and experts and costs of reporting the existence of any Division 20, Chapter 6.8 (C▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ T▇▇▇▇▇ Hazardous Materials to any governmental agencySubstance Account Act); and (c) any defined as a “hazardous material,” “hazardous substance” or “hazardous waste” under Section 25501 of the California Health and all expenses Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (d) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (e) defined as a “hazardous substance” pursuant to Section 311 of the Clean W▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code Sections 1251 et seq. (33 U.S.C. 1321) or obligations incurred atlisted pursuant to Section 307 of the Clean Water Act (33 U.S.C. 1317); (f) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and R▇▇▇▇▇▇▇ ▇▇▇, before ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code Sections 6901 et seq. (42 U.S.C. 6903); or (g) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and after any trial Liability Act, 42 United States Code Section 9601 et seq. (42 U.S.C. 9601) or appeal therefrom(h) defined as a “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges 33 U.S.C. 1251 et seq. or (i) listed pursuant to Section 307 of the Federal Water Pollution Control Act (33 U.S.C. 1317 ) or ( j ) regulated under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or (k) defined as a “hazardous material “under Section 66680 or 66084 of Title 22 of the California Code of Regulations (Administrative Code) (l) listed in the United States Department of Transportation Hazardous Materials Table (49 C. F.R. 172.101) or (m) listed by the Environmental Protection Agency as “hazardous substances” ( 4 0 C.F.R. Part 302 ) and other expenses, all of which shall be paid by Borrower when incurredamendments thereto . The provisions term “Hazardous Material Laws” shall mean (i) all of the foregoing representationslaws as amended from time to time and (ii) any other federal, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rightsstate, remedies and protections herein and therein shall be cumulativeor local law, ordinance, regulation, or order regulating Hazardous Materials.

Hazardous Materials. Except as set forth The Tenant warrants and agrees that the Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises by the Tenant, its agents, employees, contractors or invitees. If the Tenant breaches the obligations stated in the Reports (as defined in preceding sentence, then the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it Tenant shall indemnify, defend and hold the Landlord harmless from and defend Agent and Lenders from against any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities or other relief; losses (b) costs including, without limitation, diminution in value of removal the Premises, the Building and restorationthe Project generally, including fees damages for the loss or restriction on use of attorneys and experts and costs of reporting the existence rentable or usable space or of any Hazardous Materials to amenity of the Building or the Project generally, damages from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, reasonable attorneys’ fees, reasonable consultant fees and reasonable expert fees) which arise during or after the Term as a result of such contamination. This indemnification of the Landlord by the Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental agencyauthority because of Hazardous Material present in the soil or ground water or under the Premises or the Project generally. As used herein (i) “Environmental Laws” means the Clean Air Act, the Resource Conservation Recovery Act of 1976, the Hazardous Material Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Consumer Product Safety Act, the Clean Water Act, the Federal Water Pollution Control Act, the National Environmental Policy Act, Md. Nat. Res. Code ▇▇▇., Title 8, and Md. Env. Code ▇▇▇., Title 7, as each of the foregoing shall be amended from time to time, and any similar or successor laws, federal, state or local, or any rules or regulations promulgated thereunder; and (cii) “Hazardous Materials” means and includes asbestos; “oil, petroleum products and their by-products;” “hazardous substances;” “hazardous wastes” or “toxic substances,” as those terms are used in Environmental Laws; or any substances or materials listed as hazardous or toxic in the United States Department of Transportation, or by the Environmental Protection Agency or any successor agency under any Environmental Laws but excluding normal and all expenses reasonable quantities of substances customarily and prudently used in the normal course of business on the Project or obligations incurred atas may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises and/or materials handled, before stored and after disposed of in accordance with any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeapplicable law.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of 21.1 Tenant shall not cause or permit any Hazardous Materials that have been generatedMaterial to be brought upon, releasedkept, stored or deposited overused in or about the Premises by Tenant, beneath its agents, employees, contractors, licensees or on invitees, except for the Land or in any structure located on reasonable quantities of the Land. No Hazardous Materials will be types of hazardous materials which are customarily used in the construction operation of all an office, without prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises or Building, or any portion part thereof, or if contamination of the ProjectPremises or Building by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, defend and hold Landlord, its agents, employees, legal representatives, successors and assigns, harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities, or other relief; losses (bincluding, without limitation, diminution in value of the Premises and Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, reasonable attorney’s fees, consultant fees and expert fees) which arise during or after the Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, such costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal and restorationor restoration work required by any federal , including fees state, or local government agency or political subdivision because of attorneys and experts and costs of reporting Hazardous Material present in or about the existence Building or the soil or ground water on or under the Building. Without limiting the foregoing, if the presence of any Hazardous Materials Material on or about the Building caused or permitted by Tenant results in any contamination of any portion thereof, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building to the condition existing prior to the introduction of any governmental agency; such Hazardous Material, subject to obtaining Landlord’s prior written consent to the actions to be taken by Tenant. Landlord may properly require its consent to the selection of the contractors and (c) any other experts involved in the inspection, testing and removal or abatement activities, the scope of the activities to be performed, the manner and method for performance of such activities, and such other matters as may be required or requested by Landlord for the safety of and continued use of the Building and all expenses occupants thereof. The obligations and liabilities of Tenant herein shall survive expiration or obligations incurred attermination of this Lease. 21.2 “Hazardous Material,” used in this Lease, before shall be construed in its broadest sense and after shall include asbestos, other asbestotic material (which is currently or may be designated in the future as a Hazardous Material), any trial or appeal therefrompetroleum based products, including without limitationpesticides, attorneys' feespaints and solvents, witness feespolychlorinated biphenyl, deposition costslead, photocopying charges cyanide, DDT, acids, ammonium compounds and other expenseschemical or material if defined or designated as hazardous or toxic substance, all of which shall or other similar term, by any federal, state or local law, statute, regulation, or ordinance affecting the Building or Premises presently in effect or that may be paid by Borrower when incurred. The provisions of promulgated in the foregoing representationsfuture, warranties as such statutes, regulations and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall ordinances may be cumulativeamended from time to time.

Hazardous Materials. Except as set forth in the Reports Tenant shall not cause or permit any Hazardous Materials (as defined hereinbelow) to be brought upon, kept or used in or about the Deed of Trust) and otherwise disclosed to AgentBuilding, neither Borrower nor Guarantor has any knowledge of any the Property, the Common Areas and/or the Project by Tenant, its agents, employees, contractors, licensees or invitees, except such Hazardous Materials that have been generatedare typical in Tenant's business and that are at all times, releasedused, kept and stored in the manner that complies with all laws, rules, regulations and ordinances now or deposited overhereafter regulating any such Hazardous Materials. If Tenant breaches the covenants and obligations set forth herein or, beneath or on if the Land or in any structure located on the Land. No presence of Hazardous Materials will be used on, in or about the construction Building, the Property or the Common Areas caused by Tenant, its agents, employees, contractors, licensees or invitees results in contamination of all or any portion of the ProjectProject or any other property, norwhether or not adjacent thereto, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, defend and hold Landlord free and harmless from and defend Agent and Lenders from against any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive or other relief; liabilities and losses (b) costs of removal and restorationincluding, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, sums paid in settlement of claims, attorneys' fees, witness consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification by Tenant of Landlord shall include, deposition costswithout limitation, photocopying charges any and other expensesall costs incurred with any investigation of site conditions and any cleanup, all remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of which shall be paid the presence of such Hazardous Materials caused by Borrower when incurredTenant, its agents, employees, contractor, licensees and/or invitees in, on or about the Building, the Common Areas or the soil or ground water on or under the Property. The provisions of this Section 10.02 shall survive the foregoing representations, warranties and covenants shall not limit the provisions expiration or earlier termination of this Lease. For purposes of the Indemnity Agreement and Lease, the rights, remedies and protections herein and therein shall be cumulative.term

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant's Agents after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Project caused or permitted by Tenant or Tenant's Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the construction of levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys' fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing in its sole and absolute discretion may be brought onto the Premises. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project, the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing wells to be installed on the Project, and may cause the ground water ▇▇ ▇▇ tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such wells shall be paid by Tenant if such tests disclose the existence of ▇▇▇▇s which give rise to liability of Tenant pursuant to its indemnity given in P. 7.2A and/or P. 7.2B. E. As used herein, the term "Hazardous Material," means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material," includes, without limitation, petroleum products, asbestos, PCB's, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response; Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which now of in the future presenceregulates the use, removal storage, release or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeMaterial.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) and otherwise disclosed provided below, Tenant agrees not to Agent, neither Borrower nor Guarantor has any knowledge of cause or permit any Hazardous Materials that have been to be brought upon, stored, used, handled, generated, releasedreleased or disposed of on, stored in, under or deposited overabout the Premises, beneath or on the Land or in any structure located on Building, the Land. No Hazardous Materials will be used in Development, the construction of all Industrial Park or any portion thereof by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, "Tenant's Parties"), without the prior written consent of the ProjectLandlord, nor, which consent Landlord shall not unreasonably withhold (subject to the best terms and conditions of Borrower's knowledge after due inquirythis Lease). Upon the expiration or earlier termination of this Lease, has Tenant agrees to promptly remove from the Premises, at its sole cost and expense, any part of 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 Land been used for or as a land fillPremises, the result Building, the Development, the Industrial Park or any portion thereof by Tenant or any of which could impose any liability against BorrowerTenant's Parties. To the fullest extent permitted by law, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall Tenant agrees to promptly indemnify, protect, defend and hold harmless Landlord and defend Agent Landlord's partners, officers, directors, employees, agents, successors and Lenders assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, suits, causes of action, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damagesliabilities, penalties, response fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, injunctive or other relief; (b) costs sums paid in settlement of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitationclaims, attorneys' fees, witness feesconsultant fees and expert fees and court costs) which arise or result from the presence of Hazardous Materials on, deposition costsin, photocopying charges under or about the Premises, the Building or the Development or any other portion of the Industrial Park and which are caused or permitted by Tenant or any of Tenant's Parties. Tenant agrees to promptly notify Landlord of any release of Hazardous Materials at the Premises, which Tenant becomes aware of during the Term of this Lease, whether caused by Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, 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 prevent any similar future release to the reasonable satisfaction of Landlord and Landlord's mortgagee(s). As used in this Lease, the term "Hazardous Materials" shall mean and include any hazardous or toxic materials, substances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and Freon and other expenseschlorofluorocarbons. Notwithstanding the foregoing, Tenant may, without Landlord's prior consent, but in compliance with all Applicable Laws, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of which Tenant's use of the Premises as permitted hereunder provided that Tenant's handling, storage, use and disposal procedures are in compliance with all Applicable Laws and the CC&Rs and so long as each such use does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. Landlord shall have the right upon the expiration or earlier termination of the Term of this Lease, to cause, at Landlord's cost (except as provided below), a duly qualified and licensed environmental consultant to conduct an environmental audit of the Premises. The identity of the consultant and the scope and detail of the audit shall be paid by Borrower when incurredsubject to Landlord's reasonable discretion. Landlord shall provide Tenant with a copy of such audit or report promptly after the same becomes available. If the audit recommends additional testing, then Tenant shall conduct such tests at its expense. If the audit and/or tests reveal the presence of Hazardous Materials at, on or under the Premises attributable to Tenant's activities at the Premises, then Tenant shall reimburse Landlord for the cost of such audit and shall remediate and mitigate the same, at its expense, as necessary to obtain a final "no further action" letter (or equivalent) from all governmental agencies having jurisdiction. In addition, if at any time during the Term Tenant is required to file reports or manifests concerning its use of Hazardous Materials at the Premises or concerning Hazardous Materials contamination or remediation, then Tenant shall concurrently provide Landlord with a copy of the same. Landlord represents and warrants that, as of the Date of this Lease, to Landlord's actual knowledge, except as disclosed in writing to Tenant, there are no Hazardous Materials located on or under the Premises, the Building or the Development. For purposes of this Lease, "Landlord's actual knowledge" means the actual knowledge of ▇▇▇▇▇▇▇ ▇▇▇▇ and/or ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, without duty of investigation. The provisions of this subparagraph 8(c) will survive the foregoing representations, warranties and covenants shall not limit the provisions expiration or earlier termination of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativethis Lease.

Hazardous Materials. Except as set forth Notwithstanding anything to the contrary in the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, norLease: A. Landlord represents that, to the best of Borrower's knowledge after due inquiryits knowledge, any handling, transportation, storage, treatment or use of Hazardous Materials (as defined below) that has any part occurred on the Leased Premises prior to the date of the Land Lease has been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the done in compliance with all laws and regulations mentioned that the Leased Premises are, to the best of Landlord’s knowledge, presently in the definition of "compliance with all laws which relate to Hazardous Materials" set forth above. B. Tenant, at its sole cost, shall comply with all Laws relating to like storage, use and disposal of hazardous, toxic or radioactive matter including those materials identified in Section 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30 (“Title 22”) as they may be amended from time to time (collectively “Hazardous Materials”); provided, however, that Tenant shall not be responsible for contamination of the Leased Premises by Hazardous Materials existing as of the Lease/Commencement Date (unless caused by Tenant) or by any release of Hazardous Materials occurring off-site on adjacent or neighboring property (but not caused by Tenant) which migrates onto the Leased Premises. Borrower covenants that it If Tenant does store, use or dispose of any Hazardous Materials, Tenant shall notify Landlord in writing at least ten (10) days prior to their first appearance on the Leased Premises. Tenant shall be solely responsible for and shall defend, indemnify, and hold Landlord and its agents harmless form and defend Agent and Lenders from any and against all claims, lossescasts and liabilities, damagesincluding attorneys’ fees and costs, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the pastconnection with Tenant’s storage, present or future presence, removal or use and/or disposal of any Hazardous Materials. If the presence of Hazardous Materials over, beneath, in or on the Project regardless Leased Premises caused or permitted by Tenant results in contamination or deterioration of whether such presence, removal water or disposal constitutes soil resulting in a breach level of contamination greater than the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to levels established by any governmental agency; and (c) agency having jurisdiction over such contamination, than Tenant shall promptly take any and all expenses action necessary to clean up such contamination if required by Law or obligations incurred atas a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Leased Premises. At any time prior to the expiration of the Lease Term, before Tenant shall have the right to conduct appropriate tests of water and after any trial or appeal therefromsoil and to deliver to Landlord the results of such tests to demonstrate that no contamination in excess of permitted levels has occurred as a result of Tenant’s use of the Leased Premises. Tenant shall further be solely responsible for, and shall defend, indemnify, and hold Landlord and its agents harmless from and against all claims, costs and liabilities, including without limitation, attorneys' fees, witness fees, deposition ’ fees and costs, photocopying charges arising out of or in connection with any removal, cleanup and restoration work and materials required hereunder to return the Leased Premises and any other expenses, all property of which shall be paid by Borrower when incurred. The provisions whatever nature to their condition existing prior to the appearance of the foregoing representationsHazardous Materials. Notwithstanding the preceding sentence, warranties and covenants Tenant shall not limit only be required to clean up the provisions deterioration or contamination of water or soil to a level of contamination less than or equal to the levels established by any governmental agency having jurisdiction over such contamination. Tenant’s obligation hereunder shall survive the termination of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeLease.

Hazardous Materials. Except as set forth A. As used herein the term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or shall become regulated by any governmental entity, including without limitation, CITY acting in its governmental capacity, the Reports (as defined in State of California or the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of United States Government. B. TENANT shall not cause or permit any Hazardous Materials that have been generatedMaterial to be brought upon, releasedkept or used in or about the PREMISES, stored except as may specifically authorized by CITY in writing. Any such authorization by CITY shall not alter or deposited overreduce TENANT’s obligations under this section, beneath or including but not limited to its duty to indemnify and defend CITY, for any contamination which may occur as a result of TENANT’s use of the authorized material. In light of the preceding limitations, CITY hereby authorizes TENANT’s use of pool cleaning and maintenance supplies on the Land PREMISES. C. If TENANT breaches the obligations stated herein, or in any structure located on if contamination of the Land. No PREMISES by Hazardous Materials will be used in the construction of all or any portion of the Projectotherwise occurs for which TENANT is legally liable to CITY for damage resulting therefrom, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then TENANT shall indemnify, defend and hold CITY harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities or other relief; losses (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' diminution in value of the PREMISES, damages for the loss or restriction on use of rentable or usable space or any amenity of the PREMISES, damages arising from any adverse impact on marketing of space in the PREMISES or portion of any building of which the PREMISES is a part, and sums paid in settlement of claims, clean up or remediation costs, attorneys fees, consultant fees and expert witness fees) which arise during or after the term as a result of such contamination. D. This indemnification includes without limitation, deposition costscosts incurred by CITY in connection with any investigation of site conditions or any cleanup, photocopying charges remedial, removal or restoration work required by any federal, state or legal governmental entity because of Hazardous Material being present in the soil or ground water or under the PREMISES. TENANT shall promptly take all actions at its sole cost and other expensesexpense as are necessary to clean, all remove and restore the PREMISES to its condition prior to the introduction of which such Hazardous Material by TENANT, provided TENANT shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement first have obtained CITY’s approval and the rights, remedies and protections herein and therein shall be cumulativeapproval of any necessary governmental entities.

Hazardous Materials. Landlord and Tenant agree as follows with respect ------------------- to the existence or use of Hazardous Materials in, on or about the Project; A. Except as set forth in the Reports (as defined in the Deed otherwise permitted pursuant to Section 7.2C below, any handling, transportation, storage, treatment, disposal or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored by Tenant and Tenant's Agents after the Effective Date in or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or about the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth aboveis strictly prohibited. Borrower covenants that it Tenant shall indemnify, defend upon demand with counse1 reasonably acceptable to Landlord and hold harmless Landlord from and defend Agent and Lenders from against any and all claimsliabilities, losses, claims, damages, response costs lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses (collectively, "Claims") arising which result from or arise in any manner whatsoever out of or in any way relating to the pastuse, present or future presencestorage, removal treatment, transportation, release, or disposal of any Hazardous Materials over, beneath, in on or on about the Project regardless caused or permitted by Tenant or Tenant's Agents. B. If the presence of whether Hazardous Materials in, on or about the Project caused or permitted by Tenant or Tenant's Agents results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such presencecontamination, removal then Tenant shall promptly take any and all action necessary to investigate and remediate such contamination if required by Law or disposal constitutes as a breach condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the representationsProject or any part thereof. Tenant shall further be solely responsible for, warrantiesand shall defend indemnify and hold Landlord and its Agents harmless from and against, covenants all claims, costs and agreements set forth in this Sectionliabilities, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition fees and costs, photocopying charges arising out of or in connection with any investigation and remediation required hereunder to return the Project to its condition existing prior to the appearance of such Hazardous Materials. ▇. ▇▇▇▇▇▇ shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Laws. Tenant may use small quantities of household chemicals such as adhesives, lubricants and cleaning fluids in order to conduct its business at the Premises and such other expenses, all Hazardous Materials as are reasonably necessary for the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall within five (5) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant in, on or about the Project, the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Materials by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Borrower when incurredTenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Section 7.2A and/or Section 7.2B. E. As used herein, the term "Hazardous Materials" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States government. The provisions term "Hazardous Materials" includes, without limitation, petroleum products, asbestos, PCB's, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the foregoing representationsCalifornia Administrative Code, warranties and covenants shall not limit the provisions Division 4, Chapter 20, (ii) deemed as a "hazardous waste" pursuant to Section 1004 of the Indemnity Agreement Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term "Hazardous Material Law(s)" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the rightsCalifornia Department of Health Services) which regulates the use, remedies and protections herein and therein shall be cumulativestorage, release or disposal of any Hazardous Materials.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports existence or use of hazardous materials on the Project: (as defined in the Deed a) Any handling, transportation, storage, treatment, disposal or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generatedby Tenant and Tenant's Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, releaseddefend upon demand with counsel reasonably acceptable to Landlord, stored and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or deposited overarise in any manner whatsoever out of the use, beneath storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant's Agents after the Effective Date. (b) If the presence of Hazardous materials on the Land project caused or permitted by Tenant or Tenant's Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any structure located on the Land. No Hazardous Materials will be used in the construction of governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys' fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the past, present or future presence, removal or disposal appearance of any such Hazardous Materials over, beneath, in caused or on the Project regardless of whether such presence, removal permitted by Tenant or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to:Tenant's Agents. (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, and all expenses or obligations incurred at, before and after (ii) any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all contamination of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.the

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) Landlord represents and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, norwarrants that, to the best of Borrower's knowledge after due inquiryLandlord’s knowledge, no release (as hereafter defined) of Hazardous Materials has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned occurred in the definition Premises or that Hazardous Materials are otherwise present in the Premises and/or the Property. Landlord represents and warrants that the Premises are in compliance with all federal, state and/or local statutes, regulations, rules and/or ordinances, and with all orders, decrees or judgments of "governmental authorities or courts having jurisdiction, relating to the use, generation, manufacture, collection, treatment, disposal, storage, control, removal or clean up of Hazardous Materials" set forth aboveMaterials (“Environmental Laws”). Borrower covenants that it To the extent any Hazardous Materials are present in, at, on or about the Premises and/or the Property at the Commencement Date, through no fault of Tenant, and Tenant notifies Landlord in writing of such Hazardous Materials not later than twenty (20) days following the Commencement Date, Landlord shall be responsible for removing or otherwise monitoring or remediating such Hazardous Materials as required by, and in full compliance with, all Environmental Laws at no cost to Tenant. Tenant shall indemnify, protect, defend and hold Landlord and its officers, directors, shareholders, agents and assigns (the “Landlord Indemnities”) harmless from and defend Agent and Lenders from against any and all claimscosts, fees, damages, losses, damages, response costs and expenses (collectively, "Claims") arising out and/or liabilities of any kind or nature in any way relating related to the pastexistence, present or future presenceremoval, removal transportation or disposal of any Hazardous Materials overin, beneathat, in on or on about the Project regardless Property caused by Tenant or any of whether such presenceTenant’s invitees, removal agents, employees, contractors, subtenants or disposal constitutes a breach licensees. If any action or proceeding is brought against any of the representationsLandlord Indemnities by reason of such claim, warrantiesTenant, covenants and agreements set forth in this Sectionupon notice from any of the Landlord Indemnities, includingshall defend the same at Tenant’s expense by counsel selected by the Landlord. In the event any of the Landlord Indemnities incurs any costs, but not limited to: (a) claims of third parties (including governmental agencies) for fees, damages, penaltieslosses, response expenses, and/or liabilities in connection with a release of Hazardous Materials by Tenant or any of Tenant’s agents, employees, contractors, subtenants or licensees, Tenant shall pay such costs, injunctive fees and/or expenses within thirty (30) days of written request from the affected Landlord Indemnities. Other than in the case of an emergency, Landlord shall not incur any fees or other relief; (b) costs of removal and restoration, including before notifying Tenant that it is likely to incur such fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeunless Tenant takes corrective action.

Hazardous Materials. Except as set forth Tenant shall not (i) cause or permit any Hazardous Materials to be brought into or onto the Center, (ii) cause or permit the storage, handling, or use of Hazardous Materials in any manner not permitted by any Requirements, or (iii) cause or permit the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agentescape, neither Borrower nor Guarantor has any knowledge disposal or release of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land within or in any structure located on the Landvicinity of the Center. No Nothing herein shall be deemed to prevent Tenant's use of commercially available cleansers which may contain Hazardous Materials will be Materials; provided that (i) such cleansers are ordinarily and customarily used in the construction operation of health club facilities, and (ii) any 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 actual or alleged presence of Hazardous Materials in the Premises, the Building or the Center which arises out of or results from Tenant, Tenant's use of the Premises, those acting on behalf of Tenant or any Tenant Party. Tenant shall provide to Landlord copies of all communications received by Tenant with respect to any Requirements relating to Hazardous Materials, and any claims made in connection therewith. Landlord or any portion its agents may perform environmental inspections of the ProjectPremises at any time. Without limitation, norTenant agrees (A) to notify Landlord immediately of any contamination, claim of contamination, loss or damage in connection with Hazardous Materials, (B) after consultation with and approval by Landlord, to clean up the best of Borrower's knowledge after due inquirycontamination in full compliance with applicable Requirements, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall (C) to indemnify, defend and hold Landlord harmless from and defend Agent and Lenders from against any and all claims, lossessuits, damagescauses of action, response costs and expenses (collectivelyfees, "Claims") including attorneys' fees, arising out of or resulting from any such contamination, claim of contamination, loss or damage. No consent or approval of Landlord shall in any way relating to be construed as imposing upon Landlord any liability for the pastmeans, present methods or future presencemanner of removal, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive containment or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativecompliance with applicable Requirements.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Property: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant, its agents, employees, contractors or invitees after the Effective Date of this Lease in or about the Premises, Building or Land shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless landlord from and against any and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Premises, Building or Land by Tenant, Tenant's agents, employees, contractors or Invitees in violation of Hazardous Materials Laws after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Premises, Building or Land caused or permitted by Tenant, Tenant's agents, employees, contractors, or Invitees in violation of Hazardous Materials will be used Laws after the Effective Date of this Lease results in the construction contamination or deterioration of all water or soil or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any other part of the Premises, Building or Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, hold harmless and defend Agent and Lenders from promptly take any and all action necessary to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including reasonable attorney's fees and costs, arising out of or in connection with any way relating investigation and remediation (including investigative analysis, removal, cleanup, and/or restoration work) required hereunder to return the Premises, Building or Land to their condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Premises, present Building or future presenceLand, removal and (ii) any contamination of the Premises, Building or disposal Land by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant acknowledges that Landlord, as the owner of the Premises, Building and Land, at Landlord's election, shall have the sole right at Tenant's expense to negotiate, defend, approve, and/or appeal any action taken or order issued with regard to Hazardous Materials by any applicable governmental authority. Tenant may use small quantities of household and office chemicals such as adhesive, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary to the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises, Building or Land (or any portion thereof) and which Landlord consents in writing may be brought onto the Premises, Building or Land. In granting Landlord's consent, Landlord may specify the location and manner or use, storage, or handling of any Hazardous Material. Landlord's consent shall in no way relieve Tenant from any of its obligations as contained herein. Tenant shall notify Landlord in writing at least ten (10) days prior to Tenant's first bringing any Hazardous Material on the Premises, Building or Land. Tenant shall provide Landlord with a list of all Hazardous Materials and the quantities of each Hazardous Material to be stored, or used, on any portion of the Property, and upon Landlord's request Tenant shall provide Landlord with copies of any and all Hazardous Materials Management Plans, Material Safety Data Sheets, Hazardous Waste Manifests, and other documentation required by Hazardous Materials Laws to be maintained or received by Tenant pertaining to the Hazardous Materials used, stored, or transported or to be used, stored, or transported on any portion of the Premises, Building or Land. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Premises, Building or Land (or have been used by Tenant on the Premises, Building or Land), the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing well▇ ▇▇ be installed on the Land and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such well▇ ▇▇▇ll be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in A and/or B above. Landlord at its sole cost may retain consultants to inspect the Property, conduct periodic environmental audits, and review any information provided by Tenant. Tenant shall pay the reasonable cost of fees charged by Landlord and/or Landlord's consultants if such inspections or audits disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Paragraphs 20.A. and B. above. E. Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost, shall remove all Hazardous Materials from the Premises that it brought onto the Premises pursuant to Subparagraph C. hereof and shall, if required by Hazardous Materials Laws, provide a certificate to Landlord from a registered consultant reasonably satisfactory to Landlord, certifying that Tenant has caused no contamination of building(s), soil or ground water in or about the Premises, Building and or Land. If Tenant fails to so surrender the Premises, Building or Land, Tenant shall indemnify and hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Premises, Building or Land as required by this Subsection, including, without limitation, any claims or actual, but not consequential, damages in connection with the condition of the Premises, Building or Land, excluding, damages occasioned by the inability to lease the Premises, Building or Land (or any portion thereof) or a reduction in the fair market and/or rental value of the Premises, Building or Land. If any action is required to be taken by a governmental authority to test, monitor, and/or clean up Hazardous Materials used, stored, handled, transported or disposed of by Tenant or its agents, employees, contractors or invitees in violation of Hazardous Materials Laws from the Premises, Building or Land, and such action is not completed prior to the expiration or earlier termination of the Lease, Tenant shall be deemed to have held over until such time as such required action is completed, and Tenant shall pay rent and Additional Rent in accordance with the terms of Paragraph 24 (Holding Over). In addition, Landlord shall be entitled to all damages directly incurred in connection with such holding over, beneathexcluding, in without limitation, damages occasioned by the inability to Lease the Premises, Building or on the Project regardless of whether such presence, removal Land or disposal constitutes a breach reduction of the representationsfair market value and/or rental of the Premises, warrantiesBuilding or Land. F. As used herein, covenants and agreements set forth the term "Hazardous Materials(s)" means any hazardous or toxic substance, material, or waste, which is or becomes regulated by any federal, state, regional or local governmental authority because it is in this Sectionany way hazardous, toxic, carcinogenic, mutagenic or otherwise adversely affects any part of the environment or creates risks of any such hazards or effects, including, but not limited to: , petroleum; asbestos, and polychlorinated bipheyls and any material, substance, or waste (a) claims of third parties (including governmental agencies) for damagesdefined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.25117

Hazardous Materials. Except The parties agree as set forth follows with respect to the existence or the use of hazardous material on the Premises: A. Tenant shall have no obligations to “clean up”, to comply with any law regarding, or to reimburse, release, indemnify, or defend Landlord with respect to any hazardous materials or wastes which Tenant or other parties on the Premises did not store, dispose, or transport in, use, or cause to be on the Premises in violation of applicable law during the term of this Lease. Any handling, transportation, storage, treatment, disposal or use of hazardous materials by Tenant or other parties in or about the Premises during the term of this Lease shall strictly comply with all applicable laws and regulations. Tenant will be 100 percent liable and responsible for any and all “clean up” of said toxic waste and/or hazardous materials contamination which Tenant, its agents, or future subtenants, if any, does store, dispose, or transport in, use or cause to be on the Premises in violation of applicable law or governing agency(s) or which originate on Premises, during the term of this Lease from any manner whatsoever, including but not limited to, dumping by others, (or which originate on the surface of the Premises any time after October 28, 1989, the date the Option Agreement dated October 31, 1989 related to said Lease was executed by all parties, and before the Commencement Date of this Lease, but excluding Hazardous Materials on the Premises prior to the Lease Commencement Date because of the storage, use, disposal, or transportation of such materials or waste by any of Landlord’s contractors or otherwise arising out of construction work performed by or under the direction of Landlord on the Premises and Landlord shall be responsible for all required actions with respect to such materials or wastes), and will indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including attorney fees incurred as a result of any claims resulting from such contamination, or from any claims for personal injury or property damage or diminution in the Reports (as defined in value of the Deed Premises caused by the use, storage, disposal or transportation of Trust) hazardous materials on the Premises by Tenant or other parties during the term of this Lease. It is agreed that the Tenant’s responsibilities related to toxic waste and otherwise disclosed hazardous materials will survive the termination date of the Lease. Tenant agrees to Agent, neither Borrower nor Guarantor has any knowledge complete compliance with governmental regulations regarding use or removal or remediation of any Hazardous Materials that have been generatedused, releasedstored, stored disposed, transported or deposited over, beneath or caused to be on the Land Premises by Tenant or in any structure located its agents or subtenants, or which originate on the LandPremises during the term of this Lease, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate city agency. No Hazardous Materials will be used in Tenant also agrees to install such toxic waste and/or hazardous materials monitoring devices as Landlord reasonably deems necessary to monitor any use of hazardous materials by Tenant, its agents or subtenants, originating from the construction Premises during the Lease term, if recommended by a qualified environmental consulting firm. B. Landlord hereby makes the following representations to Tenant, each of all or any portion of the Project, nor, which is made only to the best of Borrower's Landlord’s knowledge after due inquiry, has any part as of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, includingdate Landlord executes this Lease, without limitation any inquiry or investigation having been made or required by Landlord regarding this subject, nor does Landlord have any obligation to investigate or make inquiry regarding the subject: (1) The soil and ground water on or under the Premises does not contain hazardous materials in amounts which violate any laws and regulations mentioned in to the definition extent that any governmental entity could require either Landlord or Tenant to take any remedial action with respect to such hazardous materials. (2) During the time that Landlord has owned the Premises, Landlord has received no notice of "Hazardous Materials" set forth above. Borrower covenants (i) any violation, or alleged violation, of any law that it shall indemnifyhas not been corrected to the satisfaction of the appropriate authority, hold harmless and defend Agent and Lenders from (ii) any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way pending claims relating to the pastpresence of hazardous material on the Premises, present or future presence(iii) any pending investigation by any governmental agency concerning the Premises relating to hazardous materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning hazardous materials which relates to the Premises, removal or disposal and (ii) any contamination of the Premises by hazardous materials which constitutes a violation of any Hazardous Materials overlaw. If during the Lease term Tenant proposes to use other hazardous materials at the Premises, beneathTenant shall inform Landlord of such use, identifying the hazardous materials and the manner of their use, storage and disposal, and shall agree (i) to use, store and dispose of such materials strictly in or on compliance with all laws and (ii) that the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements indemnity set forth in this SectionParagraph 44A shall be applicable to Tenant’s use of such material. D. Landlord or Tenant may, includingat any time, but not limited to: (a) claims cause testing w▇▇▇▇ to be installed on the Premises, and may cause the ground water to be tested to detect the presence of third parties (including governmental agencies) hazardous material by the use of such tests as are then customarily used for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which such purposes. Testing w▇▇▇▇ installed by Tenant shall be paid by Borrower when incurredTenant. If tests conducted by Landlord disclose that Tenant has violated any hazard materials laws, or Tenant or parties on the Premises during the term of this Lease have contaminated the Premises as determine by regulatory agencies pursuant to hazardous materials laws, or that Tenant has liability to Landlord pursuant to Paragraph 44A, then Tenant shall pay for 100 percent of the cost of the test and all related expense. Prior to the expiration of the Lease term, Tenant shall remove any testing w▇▇▇▇ it has installed at the Premises, and return the Premises to the condition existing prior to the installation of such w▇▇▇▇, unless Landlord requests in writing that Tenant leave all or some of the testing w▇▇▇▇ in which instance the w▇▇▇▇ requested to be left shall not be removed. E. If any tests performed by Tenant or Landlord prior to the Commencement Date disclose hazardous materials at the Premises, Landlord at its expense will promptly take all reasonable action required by law with respect to the existence of such materials at the Premises. The provisions Commencement Date shall not be delayed because of such action by Landlord unless occupation of the foregoing representations, warranties Premises is prohibited by law. F. The obligations of Landlord and covenants Tenant under this Paragraph 45 shall not limit survive the provisions expiration or earlier termination of the Indemnity Agreement term of this Lease. The rights and the rights, remedies obligations of Landlord and protections herein and therein shall be cumulativeTenant with respect to issues relating to hazardous materials are exclusively established by this Paragraph 44.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trusta) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept or used in or about the Premises or the Airport by Tenant, its agents, employees, contractors or invitees, without the prior written consent of County, which County shall not unreasonably withhold as long as Tenant demonstrates to County's satisfaction that have been generatedsuch Hazardous Materials: (I) are necessary or useful to Tenant's business and will be used, releasedkept and stored in a manner that complies with all laws, stored statutes, ordinances, rules, regulations, orders, requirements, and policies of any and all governmental agencies and authorities and any fire insurance underwriters applicable to any such Hazardous Materials ("Hazardous Materials Laws") and (ii) do not otherwise, due to the quantity, nature or deposited overuse of such Hazardous Materials, beneath substantially increase the risk of fire or other casualty to the Premises or the Airport. (b) To the extent any Hazardous Materials are used, kept, or are present in or on the Land Premises after the Commencement Date, Tenant shall ensure that all such Hazardous Materials, and all uses thereof, are in full compliance with all Hazardous Materials Laws. (c) If Tenant breaches the obligations stated in subparagraphs (a) or in any structure located (b) of this Section 4.2.4 or if the presence of Hazardous Materials on the Land. No Premises after the Commencement Date results in contamination of the Premises or the Airport, or if Hazardous Materials will be used in are otherwise discharged or released from the construction of all or any portion of Premises after the ProjectCommencement Date, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, defend (with counsel approved by County) and hold County harmless from and defend Agent and Lenders from against any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities and losses (including, without limitation, diminution in value of the Airport, damages for the loss or other relief; (b) costs restriction on use of removal and restoration, including fees of attorneys and experts and costs of reporting the existence rentable or usable space or of any Hazardous Materials to amenity of the Airport, damages arising from any governmental agency; adverse impact on marketing of space in the Airport, and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitationsums paid in settlement of claims, attorneys' fees, witness consultant fees and expert fees) which arise during or after the term of this Lease as a result of such breach, deposition costscontamination, photocopying charges and other expensesdischarge, all or release. This indemnification of which shall be paid County by Borrower when incurredTenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials present in, on or under the Airport. The provisions Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises after the Commencement Date results in any contamination of the foregoing representationsAirport, warranties and covenants or otherwise results in the release or discharge on, under or from the Premises of Hazardous Materials, Tenant shall promptly take all actions at its sole expense as are necessary to return the Airport to the condition existing prior to the introduction of any such Hazardous Materials to the Airport or to otherwise remove and/or ▇▇▇▇▇ the release or discharged Hazardous Materials; provided that County's approval of such actions shall first be obtained, which approval shall not limit be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the provisions Airport, will not unreasonably interfere with the use and enjoyment of other portions of the Indemnity Agreement Airport, and will be performed in accordance with all Hazardous Materials Laws. Upon the rightstermination of this Lease, remedies Tenant shall surrender the Premises to County free of any and protections herein all Hazardous Materials and therein in compliance with all Hazardous Materials Laws. This indemnification shall be cumulativesurvive the termination or expiration of this Lease. (d) For the purpose of this Section 4.2.4, the term "Hazardous Materials" includes, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 ▇.▇.▇. §▇▇▇▇ et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. §1801 et seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 ▇.▇.▇. §▇▇▇▇ et seq.), Section 25117 of the California Health & Safety Code, Section 25316 of the California Health & Safety Code, and in the regulations adopted and publications promulgated pursuant to them, or any other federal, state, or local environmental laws, ordinances, rules, or regulations concerning the environment, industrial hygiene or public health or safety now in effect or enacted after this date.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant's Agents after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Project caused or permitted by Tenant or Tenant's Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the construction of levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys' fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. Landlord acknowledges and agrees that Tenant shall not be responsible for any contamination of the Project by Hazardous Materials by any third party other than Tenant's Agents. Landlord agrees that it shall not deposit, present dispose, generate or future presenceuse any Hazardous Materials in the Project in violation of the applicable Environmental Laws and that is shall otherwise comply with all Hazardous Material Laws at the Project to the extent required under applicable Law. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, removal and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use small quantities of household or office chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project, the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in PARA 7.2A and/or PARA 7.2B. E. As used herein, the term "Hazardous Material," means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material," includes, without limitation, petroleum products, asbestos, PCB's, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response; Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials over, beneath, in Material. F. The obligations of Landlord and Tenant under this PARA 7.2 shall survive the expiration or on the Project regardless of whether such presence, removal or disposal constitutes a breach earlier termination of the representations, warranties, covenants Lease Term. The rights and agreements set forth in this Section, including, but not limited to: (a) claims obligations of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal Landlord and restoration, including fees of attorneys and experts and costs of reporting the existence of any Tenant with respect to issues relating to Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid are exclusively established by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativethis 917.

Hazardous Materials. Except as set forth Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant's Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the Reports (as defined in the Deed violation of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge Environmental Law or presence of any Hazardous Materials that have been generatedMaterials, releasedother than office and janitorial supplies as permitted above, stored or deposited over, beneath or on the Land Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or in exacerbated by Tenant or any structure located on Tenant Party or arising during Tenant's or any Tenant Party's occupancy, Tenant shall reimburse Landlord for the Landcost of conducting such tests. No The phrase "environmental condition" shall mean any adverse condition relating to any Hazardous Materials will be used in or the construction environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all or any portion steps necessary to rectify the same to the satisfaction of the Projectapplicable agencies and Landlord, noror shall, at Landlord's election, reimburse Landlord, upon demand, for the cost to the best Landlord of Borrowerperforming rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord's knowledge after due inquiryperforming such work, has any part based upon Landlord's reasonable estimate of the Land been used for cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth abovecase may be. Borrower covenants that it Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and defend Agent Landlord's affiliated entities, and Lenders each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, "Indemnitees") from and against any and all claims, lossesjudgments, damagescauses of action, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, taxes, costs, injunctive liabilities, losses and expenses arising at any time during or other relief; after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party's breach of this Article 51 or (b) costs the presence of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant's and/or any Tenant Party's activities, or failure to any governmental agency; and (c) any and all expenses or obligations incurred atact, before and after any trial or appeal therefromin connection with the Premises. This indemnity shall include, including without limitation, attorneys' feesthe cost of any required or necessary repair, witness feescleanup or detoxification, deposition costsand the preparation and implementation of any closure, photocopying charges and monitoring or other expensesrequired plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant's obligation of which shall be paid by Borrower when incurredindemnification pursuant hereto. The provisions of Tenant's obligations pursuant to the foregoing representations, warranties and covenants indemnity shall not limit survive the provisions expiration or termination of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativethis Lease.

Hazardous Materials. Except Landlord and Tenant agree as follows with ------------------- respect to the existence or use of "Hazardous Material" (as defined below) on the Premises: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Landlord or Tenant on and after the Effective Date in or about the Premises shall strictly comply with all applicable Hazardous Materials Laws and shall be conducted in a manner which will not impair the health of any person on or about the Premises (including, without limitation, Landlord's and Tenant's employees, agents or invitees). B. Tenant at Tenant's sole expense shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord and Landlord's shareholders, directors, officers, employees, partners, affiliates and agents from and against any and all liabilities, losses, claims, damages, lost profits, diminution in value of the Premises or the Building, consequential damages, interest, penalties, fines, monetary sanctions, reasonable attorneys' fees, experts' fees, and court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the following: (1) The use, storage, release or disposal of Hazardous Materials on or about the Premises by Tenant, its subtenants, and their respective agents, employees, or contractors after the Effective Date; and (2) The exposure of any person to a Hazardous Material stored, used, released or disposed of by Tenant, its subtenants, and their respective agents, employees, or contractors in or about the Premises after the Effective Date. C. If the presence of Hazardous Materials on the Premises caused or permitted by Tenant or its agents, employees, or contractors after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established by any governmental agency having jurisdiction over such contamination, then Tenant at Tenant's sole expense shall promptly take any and all action necessary to clean up such contamination and return the Premises or Building to the condition that existed before the introduction of such Hazardous Material by Tenant or its agents, employees or contractors, to the extent required by applicable Law or to the extent required by an institutional owner of real property acting reasonably. Tenant shall first obtain Landlord's reasonable approval of the proposed remedial action. This provision does not limit the indemnification obligations of Tenant set forth in the Reports (as defined in the Deed of Trust) this Article 7. Tenant shall further be solely responsible for, and otherwise disclosed to Agentshall defend, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generatedindemnify and hold Landlord and its agents harmless from and against, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including reasonable attorneys' fees and costs, arising out of or in connection with any removal, clean-up and restoration work required as a result of any Hazardous Materials contamination caused by Tenant's use, storage, or disposal of Hazardous Materials on the Premises during the Lease Term. D. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Premises, and (ii) any actual or threatened contamination of the Premises by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. At any time during the Lease Term, Tenant shall, within five (5) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Premises, the nature of such use, and the manner of storage and disposal. E. If Landlord has good cause to believe that the Premises has or may become contaminated by Hazardous Materials, Landlord may cause testing ▇▇▇▇▇ to be installed on the Premises in locations reasonably approved by Tenant, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if, and only if, such tests disclose the existence of Hazardous Material contamination caused by Tenant's use, storage, release or disposal of Hazardous Materials on the Premises during the Lease Term. Tenant shall have the right at any time after the Effective Date to conduct its own tests of the soil and ground water underlying the Premises by using ▇▇▇▇▇ installed by Landlord or ▇▇▇▇▇ installed by Tenant in locations, by a qualified consultant and in a manner first approved in writing by Landlord so long as each of the following conditions are satisfied: (i) such tests are conducted by Tenant at its own expense; (ii) it repairs any damage caused by such tests; (iii) Landlord shall have the right to review and monitor the manner in which such tests are conducted; (iv) all such tests shall be done in a safe and reasonable manner that complies with all laws and does not in any way relating cause or allow any Hazardous Materials to contaminate, or contribute to any existing contamination, if any, upon the property being tested; and (v) Tenant shall deliver to Landlord copies of the results of any such tests and shall use reasonable efforts to keep confidential, and to exercise reasonable controls over its consultants to keep confidential, the results of such tests (provided that Tenant may make such communications to a governmental entity if such communications are required by Law to be made by Tenant, provided that Landlord is notified in advance of such communications.) F. Landlord, at its sole cost, shall comply with all Laws regulating Hazardous Materials affecting the Premises (without right of reimbursement from Tenant) to the pastextent that such compliance is not made the responsibility of Tenant pursuant to subparagraphs 7.2B or 7.2C. G. As used herein, present the term "Hazardous Material," means any hazardous or future presencetoxic substance, removal material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material," includes, without limitation, any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article Il of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601), (iv) a pollutant, contaminant, or hazardous, dangerous, or toxic chemical material, or substance within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders imposing liability or standards of conduct concerning any hazardous, dangerous, or toxic waste, substance, or material, now or hereafter in effect), or (v) petroleum products, radioactive material, including any source, special nuclear, or byproduct material as defined in ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code Sections 2011-2297g-4; asbestos in any form or condition; and polychlorinated biphenyls (PCBs) and substances or compounds containing PCBs. H. As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials overMaterial, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach relates to public health and safety and protection of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeenvironment.

Hazardous Materials. Except (a) Tenant may use chemicals such as set forth adhesives, lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the Reports (as defined manner customarily found and used in business offices in order to conduct its business at the Premises and to maintain and operate the business machines located in the Deed of Trust) and otherwise disclosed to AgentPremises, neither Borrower nor Guarantor has any knowledge provided Tenant complies with all applicable Environmental Laws. Tenant shall not use, store, handle, treat, transport, release or dispose of any other Hazardous Materials on or about the Premises or the Property without Landlord's prior written consent, which Landlord may withhold or condition in Landlord's sole discretion. (b) Any handling, treatment, transportation, storage, disposal or use of Hazardous Materials by Tenant in or about the Premises or the Property and Tenant's use of the Premises shall comply with all applicable Environmental Laws. Tenant shall, within ten (10) Business Days of Landlord's written request therefor, disclose in writing all Hazardous Materials that have been generatedare being used by Tenant in the Premises, releasedthe nature of such use and the manner of storage and disposal. Without Landlord's prior written consent, stored Tenant shall not conduct any sampling or deposited over, beneath investigation of soil or groundwater on the Land or in Property to determine the presence of any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it constituents therein. (c) Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold Landlord harmless from and defend Agent and Lenders from against, any and all liabilities, losses claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damagesinterest, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitationfines, attorneys' fees, witness experts' fees, deposition court costs, photocopying charges remediation costs, and other expensesexpenses which result from the use, all storage, handling, treatment, transportation, release, threat of which shall be paid release or disposal of Hazardous Materials in or about the Premises or the Property by Borrower when incurredTenant or Tenant's agents, employees, contractors or invitees. The provisions of this PARAGRAPH (C) shall survive the foregoing representationsexpiration or earlier termination of this Lease. (d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning Hazardous Materials which relates to the Premises or the Property, warranties and covenants shall not limit the provisions (ii) any Environmental Condition of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativewhich Tenant is aware.

Hazardous Materials. Except As used in this Lease, the term "Hazardous Material" means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as set forth or included in the Reports (as defined in 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 Deed environment or the health and safety of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of persons. Tenant shall not cause or permit any Hazardous Materials that have been Material to be generated, releasedproduced, stored brought upon, used, stored, treated or deposited overdisposed of in or about the Property by Tenant, beneath or on its agents, employees, contractors, sublessees without the Land or in any structure located on the Land. No Hazardous Materials will be prior written consent of Landlord except for those substances used in the construction ordinary course of all or any portion business of the ProjectTenant so long as such substances are stored, nortransported, and disposed of in compliance with all applicable federal, state, and local environmental laws and regulations. Landlord shall be entitled to take into account such other factors or facts as Landlord may reasonably determine to be relevant in determining whether to grant or withhold consent to Tenant's proposed activity with respect to Hazardous Material. In no event, however, shall Landlord be required to consent to the installation or use of any storage tanks on the Property. Landlord hereby warrants and represents that, as of the date of this Lease and the Commencement Date, to the best of BorrowerLandlord's knowledge after due inquiryknowledge, (a) the Property does not violate any environmental or other laws, statutes, ordinances, or regulations, (b) the Property is free from Hazardous Materials, and (c) Landlord has not committed any part of the Land been used for act or as a land fill, the omission which will result of which could impose in any liability claim to be asserted against Borrower, Agent, Lenders Tenant or the Project under any applicable law or regulation, including, without limitation the laws Demised Premises. Landlord shall indemnify Tenant and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold Tenant harmless from and defend Agent and Lenders from against any and all claims, lossesexpenses, damages, response costs losses and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal liabilities suffered by Tenant based on Landlord's breach of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants warranties. The indemnity contained herein shall not limit survive the provisions termination or expiration of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativethis Lease.

Hazardous Materials. Except Lessor and Lessee agree as set forth in follows with respect to the Reports existence or use of Hazardous Materials (as defined in below) at, on, in, under, above, or about the Deed Industrial Center: 46.1 Any handling, transportation, release, generation, storage, treatment, disposal, or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials by Lessee or its employees, agents, contractors, or invitees after the date hereof at, on, in, under, above, or about the Industrial Center shall strictly comply with all applicable Hazardous Material Laws (as defined below). Lessee shall indemnify, defend upon demand with counsel reasonably acceptable to Lessor, and hold harmless Lessor from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses that have been generated, released, stored result from or deposited over, beneath or on the Land or arise in any structure located on manner whatsoever out of the Land. No use, storage, treatment, transportation, release, or disposal of Hazardous Materials will be used at, on, in, under, above, or about (i) the Industrial Center or (ii) the Premises by Lessee or its employees, agents, contractors, invitees or by third parties during the term hereof. 46.2 If the presence of Hazardous Materials at, on, in, under, above, or about (i) the Industrial Center caused or permitted by Lessee or its employees, agents, contractors, or invitees after the date hereof or (ii) the Premises after the date hereof results in contamination or deterioration of water or soil, resulting in a level of contamination greater than the construction of levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Lessee shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by law or as a land fillcondition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Industrial Center or any part thereof. Lessee shall further be solely responsible for, the result of which could impose any liability against Borrowerand shall defend, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, and hold harmless Lessor and defend Agent its agents from and Lenders from any and against, all claims, lossescosts, damagesand liabilities, response costs including attorneys’ fees and expenses (collectivelycosts, "Claims") arising out of or in connection with any way relating investigation and remediation required hereunder to return the Industrial Center or any part thereof to its condition existing prior to the pastappearance of such Hazardous Materials. 46.3 Lessor and Lessee shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials that relates to the Industrial Center, present and (ii) any contamination of the Industrial Center by Hazardous Materials that constitutes a violation of any Hazardous Materials Law. Lessee may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Lessee’s business of which Lessor receives notice prior to such Hazardous Materials being brought onto the Premises and which Lessor consents in writing may be brought onto the Premises, provided that all such uses shall be conducted at all times in compliance with all Hazardous Materials Laws. At any time during the Lease term, Lessee shall, within five (5) days after written request therefor received from Lessor, disclose in writing all Hazardous Materials that are being used by Lessee at, on, in, under, above, or future presenceabout the Industrial Center, removal the nature of such use, and the manner of storage and disposal. 46.4 Lessor may cause testing ▇▇▇▇▇ to be installed on the Industrial Center, and may cause the soil and groundwater to be tested under and about the Industrial Center, and may inspect the Premises, to detect the presence of Hazardous Materials by the use of such tests as are then customarily used for such purposes. If Lessee so requests, Lessor shall supply Lessee with copies of such test results. The cost of such tests and of the installation, maintenance, repair, and replacement of such ▇▇▇▇▇ shall be paid by Lessee if such tests disclose the existence of facts that may give rise to liability of Lessee pursuant to its indemnity given in paragraph 45.1 and/or 45.2 above. 46.5 As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the State of Minnesota, or the United States Government. The term “Hazardous Material” includes, without limitation, petroleum products, asbestos, PCBs, and any material or substance that is (i) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (ii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the Minnesota Pollution Control Agency, and the Minnesota Department of Health) which regulates the use, storage, release, handling, transportation, generation, treatment, or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeMaterial.

Hazardous Materials. Except Landlord and Tenant agreement as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's Agents in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, interest, penalties, fines, monetary sanctions, reasonable attorneys' fees, experts' fees, court costs, remediation costs, investigation costs and other expenses which result from or arise in any structure located on manner whatsoever out of the Land. No use, storage, treatment, transportation, release, or disposal of Hazardous Materials will be used on or about the Project by Tenant or Tenant's Agents. B. If the presence of Hazardous Materials on or about the Project caused or permitted by Tenant or Tenant's Agents results in the construction contamination of water or soil, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination as required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys' fees and costs arising out of or in connection with any way relating investigation and remediation to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. C. Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use such Hazardous Materials as are necessary to the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and to which Landlord consents in writing. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project, the nature and quantity of such use, and the manner of storage and disposal. Landlord acknowledges that Tenant's use requires batteries which may contain Hazardous Materials and Landlord consents to Tenant's use of such batteries provided Tenant is in compliance with all other terms of this Article 7. D. Landlord may cause testing well▇ ▇▇ be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Materials by the use of such tests as are then customarily used for such purposes. The cost of such tests and of the installation, maintenance, repair and replacement of such well▇ ▇▇▇ll be paid by Tenant. If such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnify given in Paragraph 7.2A and Paragraph 7. E. As used herein, the term "Hazardous Material," means any hazardous or future presencetoxic substance, removal material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. As used herein, the term "Hazardous Material Law" shall mean any Law which regulates the use, storage, release or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeMaterial.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant’s Agents after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Project caused or permitted by Tenant or Tenant’s Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the construction of levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys’ fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present or future presence, removal or disposal and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials overLaw. Tenant may use small quantities of household chemicals such as adhesives, beneathlubricants, and cleaning fluids in or order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project regardless Project, the nature of whether such presenceuse, removal or disposal constitutes a breach and the manner of storage and disposal. D Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the representationsinstallation, warrantiesmaintenance, covenants repair and agreements set forth in this Section, including, but not limited to: (a) claims replacement of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which such ▇▇▇▇▇ shall be paid by Borrower when incurred. The provisions Tenant if such tests disclose the existence of the foregoing representations, warranties and covenants shall not limit the provisions facts which give rise to liability of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.Tenant pursuant to its indemnity given in ¶7.2A and/or ¶7.2B.

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of Hazardous Materials in, on or about the Leased Premises: a. Except as set forth in the Reports (as defined in the Deed otherwise permitted pursuant to Section 37(c) below, any handling, transportation, storage, treatment, disposal or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generatedby Tenant and Tenant's agents, releasedemployees, stored contractors, or deposited over, beneath invitees (collectively "AGENTS") after the Page 35 of 42 Effective Date in or on about the Land or in any structure located on the LandLeased Premises is strictly prohibited. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord and hold harmless Landlord from and defend Agent and Lenders from against any and all claimsliabilities, losses, claims, damages, response costs lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses (collectively, "Claims") arising which result from or arise in any manner whatsoever out of or in any way relating to the pastuse, present or future presencestorage, removal treatment, transportation, release, or disposal of any Hazardous Materials overon or about the Leased Premises caused or permitted by Tenant or Tenant's Agents. b. If the presence of Hazardous Materials in, beneathon or about the Leased Premises caused or permitted by Tenant or Tenant's Agents results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all action necessary to investigate and remediate such contamination if required by Law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of me Leased Premises or any part thereof. c. Landlord acknowledges that Tenant uses numerous chemicals classified as Hazardous Materials in the operation of its business and that Tenant shall be permitted to do so provided that Tenant does so in a manner consistent with the requirements of this Section 37(c) and provided that Tenant discloses the use of such materials to Landlord as required by Section 37(k). In addition, Tenant may use reasonable quantities of household chemicals such as adhesives, lubricants and cleaning fluids in order to conduct its business at the Leased Premises. Tenant agrees that during its use and occupancy of the Leased Premises it will: (1) not (A) permit Hazardous Materials to be present on or about the Leased Premises except in a manner and quantity necessary for the ordinary performance of Tenant's business or (B) release, discharge or dispose of any Hazardous Materials on, in, at, under, or emanating from, the Leased Premises; (2) comply with all Hazardous Materials Laws relating to the Leased Premises and the use of Hazardous Materials on or about the Leased Premises and not engage in or on permit others to engage in any activity at the Project regardless Leased Premises in violation of whether such presenceany Hazardous Materials Laws; and (3) immediately notify Landlord of (A) any inquiry, removal test, investigation or disposal enforcement proceeding by any governmental agency or authority against Tenant, Landlord or the Leased Premises relating to any Hazardous Materials or under any Hazardous Materials Laws; (B) any contamination of the Leased Premises by Hazardous Materials which constitutes a violation of any Hazardous Materials Laws; or (C) the occurrence of any event or existence of any condition that would cause a breach of any of the representations, warranties, covenants and agreements set forth in this SectionSection 37. d. Upon reasonable notice to Tenant, including, but not limited to: (a) claims Landlord may inspect the Leased Premises and surrounding areas for the purpose of third parties (including governmental agencies) for damages, penalties, response costs, injunctive determining whether there exists on or about the Leased Premises any Hazardous Material or other relief; (b) costs condition or activity that is in violation of removal and restoration, including fees the requirements of attorneys and experts and costs of reporting the existence this Lease or of any Hazardous Materials Laws. Such inspections may include, but are not limited to, entering the Leased Premises or adjacent property with drill rigs or other machinery for the purpose of obtaining laboratory samples. Landlord shall not be limited in the number of such inspections during the Lease Term. In the event (i) such inspections reveal the presence of any such Hazardous Material or other condition or activity in violation of the requirements of this Lease or of any Hazardous Materials Laws, or (ii) Tenant or its Agents contribute or knowingly consent to the presence of any Hazardous Materials in, on, under, through or about the Leased Premises or exacerbate the condition of or the conditions caused by any Hazardous Materials in, on, under, through or about the Leased Premises, Tenant shall reimburse Landlord for the cost of such inspections within ten (10) days of receipt of a written statement therefor. Tenant will supply to Landlord such historical and operational information regarding the Leased Premises and surrounding areas as may be reasonably requested to facilitate any such inspection and will make available for meetings appropriate personnel having knowledge of such matters. Tenant agrees to give Landlord at least sixty (60) days prior notice of its intention to vacate the Leased Premises so that Landlord will have an opportunity to perform such an inspection prior to such vacation. The right granted to Landlord herein to perform inspections shall not create a duty on Landlord's part to inspect the Leased Premises, or liability on the part of Landlord for Tenant's use, storage, manufacture, treatment or disposal of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection with the use, storage, manufacture, treatment or disposal of Hazardous Materials by Tenant or Tenant's Agents. e. As used herein, the term "HAZARDOUS MATERIALS" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental agency; and (c) any and all expenses authority, the State of Arizona or obligations incurred atthe United States government. The term "HAZARDOUS MATERIALS" includes, before and after any trial or appeal therefrom, including without limitation, attorneys' feespetroleum products, witness feesasbestos, deposition costsPCB's, photocopying charges and other expensesany material or substance which is (i) listed under, all or defined as hazardous or extremely hazardous pursuant to The Arizona Environmental Quality Act of which shall be paid by Borrower when incurred1986, A.R.S. Section 49-101, et. The provisions seq., (ii) deemed as a "hazardous waste" pursuant to Section 1004 of the foregoing representationsFederal Resource Conservation and Recovery Act, warranties and covenants shall not limit the provisions 42 U.S.C. 6901 et seq. (42 U.S.C. 6903) ("RCRA"), (iii) defined as a "hazardous substance" pursuant to Section 101 of the Indemnity Agreement Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601) ("CERCLA") or any regulations promulgated under CERCLA; (iv) any substance now or hereafter regulated by the rightsToxic Substances Control Act, remedies as amended ("TSCA") (15 U.S.C. Section 2601 et seq.) or any regulations promulgated under TSCA; (v) petroleum, petroleum by-products, gasoline, diesel fuel, or other petroleum hydrocarbons; (vi) asbestos and protections herein asbestos-containing material, in any form, whether friable or non-friable; (vii) polychlorinated biphenyls; (viii) lead and therein lead-containing materials; or (ix) any additional substance, material or waste. As used herein, the term "HAZARDOUS MATERIAL LAW(S)" shall be cumulativemean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the Arizona Department of Environmental Quality which regulates the use, storage, release or disposal of any Hazardous Materials.

Hazardous Materials. Except as set forth in the Reports Lessee shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about the Leased Premises, or the building or buildings in which the Leased Premises is located (the “Building”), by Lessee, its agents, employees, contractors, or invitees, without the prior written consent of Lessor (which Lessor shall not unreasonably withhold as long as Lessee demonstrates to Lessor’s reasonable satisfaction that such Hazardous Material is necessary or useful to Lessee’s business and will be used, kept, stored and disposed of by Lessee in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Leased Premises, and such storage will not create an undue risk to other tenants of the Building, giving consideration to the nature of the Building and its tenants). If Lessee breaches the obligations stated in the Deed preceding sentence, or if the presence of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or Material is detected on the Land Leased Premises or in any structure located on the Land. No Hazardous Materials will be used in the construction of all Building, or any portion if contamination of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders Leased Premises or the Project under any applicable law or regulationBuilding, includingby Hazardous Material otherwise occurs for which Lessee is legally liable to Lessor for damage resulting therefrom, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Lessee shall indemnify, defend and hold Lessor harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities, or other relief; losses (bincluding, without limitation, diminution in value of the Leased Premises, and the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased Premises or the Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification of Lessor by Lessee includes, without limitation, the obligation to reimburse Lessor for costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal and restorationor restoration work required by any federal, including fees state, or local governmental agency or political subdivision because of attorneys and experts and costs of reporting Hazardous Material present in, on, or about the existence Leased Premises or the Building, or in the soil or ground water on or under the Premises or the Building. Without limiting the foregoing, if the presence of any Hazardous Materials Material in, on or about the Premises or the Building caused or permitted by Lessee results in any contamination of the Premises or the Building, Lessee shall promptly take all actions at its sole expense as are necessary to return the Leased Premises or the Building to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Lessor’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises or the Building or exposes Lessor to any governmental agency; liability therefore and (c) any such actions are undertaken in accordance with all applicable laws, rules and all expenses or obligations incurred at, before regulations and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurredaccepted industry practices. The provisions of term “Hazardous Materials”, when it appears in this Agreement, is used in the foregoing representationsbroadest sense and shall mean oil, warranties any petroleum based product or derivative (and covenants shall not limit the provisions of the Indemnity Agreement and the rightsany fraction thereof), remedies and protections herein and therein shall be cumulativeany petroleum additive, pesticides, paints, solvents, polychlorinated biphenyls, lead, cyanide, DDT, acids, bases, ammonium compounds, ethylene glycol, antifreeze, asbestos (in any form), chemicals, pollutants, contaminants, irritants, wastes or any substance or material defined or designated as hazardous, toxic, regulated, or other similar term, by any Hazardous Materials Laws.

Hazardous Materials. Except as set forth in Landlord and Tenant agree that with respect to the Reports existence or use of Hazardous Materials (as defined as such under current laws or regulations as may be amended from to time) on the Property, any handling, transportation, storage, treatment, disposal or use of Hazardous Materials, in any amount, by Tenant, Tenant's agents, or any other party associated with Tenant must be absolutely and completely disclosed to and approved in writing by Landlord prior to its arrival in the Deed Premises. Landlord may uncontestably withhold Landlord's approval at Landlord's sole discretion. Any withholding from Landlord of Trust) information relating to Hazardous Materials used or stored by Tenant shall constitute a material default under the terms of the Lease and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge shall be cause for lease termination at Landlord's option. Any use or storage of any disclosed Hazardous Materials that in or about the Property, which use or storage shall have been generatedapproved by Landlord, releasedshall strictly comply with all applicable Hazardous Materials laws. Tenant shall, stored upon request by Landlord, provide proof of approvals by the governing authorities. Landlord's consent or deposited overapproval once given shall not constitute approval for any subsequent bringing of Hazardous Materials onto the Premises or Project. Tenant shall indemnify, beneath defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and other expenses which result from or on the Land or arise in any structure located on manner whatsoever out of the Land. No use, storage, treatment, transportation, release, or disposal of Hazardous Materials will be used in on or about the construction Leased Premises or the Property contamination or deterioration to any extent of all water, soil, or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fillLeased Premises, the result of which could impose any liability against BorrowerBuilding, Agent, Lenders or the Project under any applicable law or regulationProject, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, hold harmless and defend Agent and Lenders from promptly take any and all claims, losses, damages, response costs action necessary to remove said Hazardous Materials and expenses to return the Project (collectively, "Claims"and any other property of whatever nature) arising out of or in any way relating to their condition existing prior to the past, present appearance of such Hazardous Materials. Landlord may at any time and at Tenant's sole cost perform any tests or future presence, removal or disposal investigations (including the installation of any testing ▇▇▇▇▇) it deems appropriate to determine the presence of Hazardous Materials over, beneath, in or on the Project regardless Project. The terms of whether this clause shall survive the expiration or sooner termination of this Lease. In the event that any containers of Hazardous Materials appear upon the Property or the Premises, or materials are spilled upon the Property or the Premises, the responsibility for which cannot be reasonably determined, Landlord is hereby authorized to remove the containers or the spilled materials, and Tenant shall, upon demand by Landlord, reimburse Landlord for any costs associated with such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restorationany repairs required by virtue of such removal. If such removal and subsequent cost associated with such removal cannot be reasonably attributed to a specific space within the Project, including fees of attorneys and experts and the costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of apportioned on a pro- rata basis among all tenants in the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeProject.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws Tenant shall indemnify,, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant's Agents after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Project caused or permitted by Tenant or Tenant's Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the construction of levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its Agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, lossescosts, damagesand liabilities, response costs including attorneys' fees and expenses (collectivelycosts, "Claims") arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each given written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall, within five (5) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project, the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in 7.2A and/or 7. E. As used herein, the term "Hazardous Material," means any hazardous or future presencetoxic substance, removal material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material,' includes, without limitation, petroleum products, asbestos, PCB's, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 US.C. 6903), or (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response; Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeMaterial.

Hazardous Materials. Except as set forth in the Reports The Mortgagor shall (as defined in the Deed of TrustA) comply with any and otherwise disclosed to Agentall present and future Environmental Laws, neither Borrower nor Guarantor has any knowledge (B) not release, store, treat, handle, generate, discharge or dispose of any Hazardous Materials that have been generatedat, releasedon, stored under or deposited over, beneath or on from the Land Mortgaged Property in violation of or in a manner that could result in any structure located on material liability under any present and future Environmental Law and (C) take all necessary steps to initiate and expeditiously complete all remedial, corrective and other action to eliminate any such effect. In the Land. No event the Mortgagor fails to comply with the covenants in the preceding sentence, the Mortgagee may, in addition to any other remedies set forth herein, as agent for and at the Mortgagor’s sole cost and expense, cause any necessary remediation, removal or response action relating to Hazardous Materials will to be used taken and the Mortgagor shall provide to the Mortgagee and its agents and employees access to the Mortgaged Property for such purpose. Any costs or expenses incurred by the Mortgagee for such purpose shall be immediately due and payable by the Mortgagor and shall bear interest at the Default Rate. The Mortgagee shall have the right at any time that the Secured Obligations are outstanding, at the sole cost and expense of the Mortgagor, to conduct an environmental audit of the Mortgaged Property by such persons or firms appointed by the Mortgagee, and the Mortgagor shall cooperate in all respects in the construction conduct of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulationsuch environmental audit, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifylimitation, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating by providing access to the pastMortgaged Property and to all records relating thereto. To the extent that any environmental audit identifies conditions which violate, present or future presencecould be expected to give rise to liability or obligations under Environmental Laws, removal the Mortgagor agrees to expeditiously correct any such violation or disposal of any Hazardous Materials overrespond to conditions giving rise to such liability or obligations in a manner which complies with the Environmental Laws and mitigates associated health and environmental risks. The Mortgagor shall indemnify and hold the Mortgagee and each Holder harmless from and against all loss, beneathcost, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, damage (including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, consequential damages) or expense (including, without limitation, reasonable attorneys' fees’ and consultants’ fees and disbursements and the allocated costs of staff counsel) that the Mortgagee or the Holders may sustain by reason of the assertion against the Mortgagee or the Holders by any party of any claim relating to such Hazardous Materials on, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurredunder or from the Mortgaged Property or actions taken with respect thereto as authorized hereunder. The provisions foregoing indemnification shall survive repayment of the foregoing representations, warranties all Secured Obligations and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.any release or assignment hereof; and

Hazardous Materials. Except The parties agree as set forth follows with respect to the existence or the use of hazardous material on the Premises: A. Tenant shall have no obligations to “clean up”, to comply with any law regarding, or to reimburse, release, indemnify, or defend Landlord with respect to any hazardous materials or wastes which Tenant or other parties on the Premises did not store, dispose, or transport in, use, or cause to be on the Premises in violation of applicable law during the term of this Lease. Any handling, transportation, storage, treatment, disposal or use of hazardous materials by Tenant or other parties in or about the Premises during the term of this Lease shall strictly comply with all applicable laws and regulations. Tenant will be 100 percent liable and responsible for any and all “clean up” of said toxic waste and/or hazardous materials contamination which Tenant, its agents, or future subtenants, if any, does store, dispose, or transport in, use or cause to be on the Premises in violation of applicable law or governing agency(s) or which originate on Premises, during the term of this Lease from any manner whatsoever, including but not limited to, dumping by others, (or which originate on the surface of the Premises any time after October 28, 1989, the date the Option Agreement dated October 31, 1989 related to said Lease was executed by all parties, and before the Commencement Date of this Lease, but excluding Hazardous Materials on the Premises prior to the Lease Commencement Date because of the storage, use, disposal, or transportation of such materials or waste by any of Landlord’s contractors or otherwise arising out of construction work performed by or under the direction of Landlord on the Premises and Landlord shall be responsible for all required actions with respect to such materials or wastes), and will indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including attorney fees incurred as a result of any claims resulting from such contamination, or from any claims for personal injury or property damage or diminution in the Reports (as defined in value of the Deed Premises caused by the use, storage, disposal or transportation of Trust) hazardous materials on the Premises by Tenant or other parties during the term of this Lease. It is agreed that the Tenant’s responsibilities related to toxic waste and otherwise disclosed hazardous materials will survive the termination date of the Lease. Tenant agrees to Agent, neither Borrower nor Guarantor has any knowledge complete compliance with governmental regulations regarding use or removal or remediation of any Hazardous Materials that have been generatedused, releasedstored, stored disposed, transported or deposited over, beneath or caused to be on the Land Premises by Tenant or in any structure located its agents or subtenants, or which originate on the LandPremises during the term of this Lease, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate city agency. No Hazardous Materials will be used in Tenant also agrees to install such toxic waste and/or hazardous materials monitoring devices as Landlord reasonably deems necessary to monitor any use of hazardous materials by Tenant, its agents or subtenants, originating from the construction Premises during the Lease term, if recommended by a qualified environmental consulting firm. B. Landlord hereby makes the following representations to Tenant, each of all or any portion of the Project, nor, which is made only to the best of Borrower's Landlord’s knowledge after due inquiry, has any part as of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, includingdate Landlord executes this Lease, without limitation any inquiry or investigation having been made or required by Landlord regarding this subject, nor does Landlord have any obligation to investigate or make inquiry regarding the subject: (1) The soil and ground water on or under the Premises does not contain hazardous materials in amounts which violate any laws and regulations mentioned in to the definition extent that any governmental entity could require either Landlord or Tenant to take any remedial action with respect to such hazardous materials. (2) During the time that Landlord has owned the Premises, Landlord has received no notice of "Hazardous Materials" set forth above. Borrower covenants (i) any violation, or alleged violation, of any law that it shall indemnifyhas not been corrected to the satisfaction of the appropriate authority, hold harmless and defend Agent and Lenders from (ii) any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way pending claims relating to the pastpresence of hazardous material on the Premises, present or future presence(iii) any pending investigation by any governmental agency concerning the Premises relating to hazardous materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning hazardous materials which relates to the Premises, removal or disposal and (ii) any contamination of the Premises by hazardous materials which constitutes a violation of any Hazardous Materials overlaw. If during the Lease term Tenant proposes to use other hazardous materials at the Premises, beneathTenant shall inform Landlord of such use, identifying the hazardous materials and the manner of their use, storage and disposal, and shall agree (i) to use, store and dispose of such materials strictly in or on compliance with all laws and (ii) that the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements indemnity set forth in Paragraph 45A shall be applicable to Tenant’s use of such material. D. Landlord or Tenant may, at any time, cause testing w▇▇▇▇ to be installed on the Premises, and may cause the ground water to be tested to detect the presence of hazardous material by the use of such tests as are then customarily used for such purposes. Testing w▇▇▇▇ installed by Tenant shall be paid for by Tenant. If tests conducted by Landlord disclose that Tenant has violated any hazardous materials laws, or Tenant or parties on the Premises during the term of this SectionLease have contaminated the Premises as determined by regulatory agencies pursuant to hazardous materials laws, includingor that Tenant has liability to Landlord pursuant to Paragraph 45A, but then Tenant shall pay for l00 percent of the cost of the test and all related expense. Prior to the expiration of the Lease term, Tenant shall remove any testing w▇▇▇▇ it has installed at the Premises, and return the Premises to the condition existing prior to the installation of such w▇▇▇▇, unless Landlord requests in writing that Tenant leave all or some of the testing w▇▇▇▇ in which instance the w▇▇▇▇ requested to be left shall not limited to:be removed. (a) claims of third parties (including governmental agencies) for damagesE. If any tests performed by Tenant or Landlord prior to the Commencement Date disclose hazardous materials at the Premises, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting Landlord at its expense will promptly take all reasonable action required by law with respect to the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurredsuch materials at the Premises. The provisions Commencement Date shall not be delayed because of such action by Landlord unless occupation of the foregoing representations, warranties Premises is prohibited by law. F. The obligations of Landlord and covenants Tenant under this Paragraph 45 shall not limit survive the provisions expiration or earlier termination of the Indemnity Agreement term of this Lease. The rights and the rights, remedies obligations of Landlord and protections herein and therein shall be cumulativeTenant with respect to issues relating to hazardous materials are exclusively established by this Paragraph 45.

Hazardous Materials. Except a. Lessee will not cause or permit any Hazardous Material (as set forth hereinafter defined) to be brought on, stored, or used in or about the Leased Premises by Lessee, its agents, employees, contractors, or invitees, other than those expressly permitted by Lessor. If Lessee breaches the obligation stated in the Reports (as defined in preceding sentence, or if the Deed presence of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Leased Premises caused or in any structure located on the Land. No permitted by Lessee (including Hazardous Materials will be used specifically permitted) results in the construction of all or any portion contamination of the ProjectLeased Premises, nor, to the best of Borrower's knowledge after due inquiry, has any part or if contamination of the Land been used Leased Premises by Hazardous Material otherwise occurs for or as a land fillwhich Lessee is legally liable to Lessor for damage resulting therefrom, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall then Lessee will indemnify, defend, and hold Lessor, its agents, and contractors harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities, or other relief; losses (b) costs including, without limitation, diminution in value of removal and restorationthe Leased Premises, including fees damages for the loss or restriction on use of attorneys and experts and costs of reporting the existence rentable or usable space or of any Hazardous Materials to amenity of the Leased Premises, damages arising from any governmental agency; adverse impact on marketing of space in the Leased Premises, and (c) any and all expenses or obligations incurred atamounts paid in settlement of claims, before and after any trial or appeal therefrom, including without limitationcosts, attorneys' fees, witness consultant fees, deposition costsand expert fees) that arise during or after the term of this Agreement as a result of such contamination. This indemnification of Lessor by Lessee includes, photocopying charges and other expenseswithout limitation, all costs incurred in connection with any investigation of which shall be paid any site conditions or any cleanup, remediation, removal, or restoration work required by Borrower when incurredany federal, state, or local government agency, or political subdivision because of Hazardous Material present in the soil or ground water on or under the Leased Premises as a result of Lessee's actions. The provisions Without limiting the foregoing, if the presence of any Hazardous Material on the Leased Premises caused or permitted by Lessee results in any contamination of the foregoing representationsLeased Premises, warranties and covenants shall Lessee will promptly take all actions at its sole expense as are necessary to return the Leased Premises to the condition existing prior to the introduction of any such Hazardous Material to the Leased Premises, provided that Lessor's approval of such action will be first obtained, which approval will not limit be unreasonably withheld so long as such action would not potentially have any material adverse long-term or short-term effect on the Leased Premises. b. Notwithstanding the provisions of subparagraph (a) above, if (i) any anticipated use of the Indemnity Leased Premises by Lessee involves generation, storage, use, treatment, or disposal of Hazardous Material, (ii) Lessee has been required by any prior Lessor, lender, or governmental authority to take remedial action in connection with Hazardous Material contaminating a property if the contamination resulted from such party's action or use of the property in question, or (iii) Lessee is subject to an enforcement order issued by any governmental authority in connection with the use, disposal, or storage of a Hazardous Material, Lessor will have the right to terminate this Agreement in Lessor's sole and absolute discretion (with respect to any such matter involving Lessee). c. At any time prior to the rightsexpiration of the term of this Agreement, remedies Lessor will have the right to conduct appropriate tests of water and protections herein soil and therein shall to deliver to Lessee the result of such tests to demonstrate the contamination in excess of permissible levels has occurred as a result of Lessee's use of the Leased Premises. Lessee will be cumulativesolely responsible for and will defend, indemnify, and hold Lessor and its agents, and contractors harmless from any and against any and all claims, costs, and liabilities including attorneys' fees and all costs, arising from or in connection with any removal, cleanup, restoration, and materials required under this Lease to return the Leased Premises and any other property of whatever nature including any adjoining or adjacent property that has been similarly contaminated by Lessee, its agents, employees, contractors, or invitees to their condition existing prior to the appearance of the Hazardous Materials. To the best of Lessor's knowledge and belief, the Leased Premises is in compliance with all applicable Environmental Laws (meaning any federal, state, or local law or regulation) as of the date on which this Lease is being executed. Lessee does not assume any responsibility to Lessor or any other person with respect to any environmental feature or condition of the Leased Premises that is not caused by Lessee, its agents, employees, contractors or invitees. Lessor agrees to indemnify and hold Lessee harmless from all claims, demands, actions, liabilities, costs, expenses (including reasonable attorneys fees and other costs of defense), damages and obligation of any nature arising from or as a result of any environmental contamination, hazardous waste, hazardous substances, or violation of an Environmental Law attributable to (i) contamination existing prior to the execution of this Lease, or (ii) any cause independent of the acts, negligence or breach of this Lease on the part of Lessee, and its agents, servants, employees, concessionaires, licensees, invitees and customers. d. Lessee's obligations under this Paragraph 38 will survive the termination of this Agreement. During any period of time after the termination of this Agreement that Lessee's efforts to complete the remediation of any pollution located on the Leased Premises, or the removal of Hazardous Materials make a new tenancy impractical, Lessee will continue to pay the full rental in accordance with this Agreement, which rental will be prorated daily. e. As used in this Agreement, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the State of Texas, or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance that is (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" by the State of Texas, (ii) defined as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1317), (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et. seq. (42 U.S.C. Section 6903), (iv) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42. Section 9601 et. seq. (42 U.S.C. Section 9601), or (iv) any petroleum-based products regardless of the so-called "petroleum exclusion" in _9601(14) of CERCLA as well as all indigenous components of crude oil such as benzene, toluene, xylene, ethylbenzene, and lead.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant's Agents after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Project caused or permitted by Tenant or Tenant's Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the construction of levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its Agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys' fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present or future presence, removal or disposal and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials overLaw. Tenant may use small quantities of household chemicals such as adhesives, beneathlubricants, and cleaning fluids in or order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project regardless Project, the nature of whether such presenceuse, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rightsmanner of storage and disposal. D. Landlord may cause testing well▇ ▇▇ be installed on the Project, remedies and protections herein and therein shall may cause the ground water to be cumulative.tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the leased premises without the prior written consent of Landlord, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that have been generatedsuch Hazardous Material is necessary or useful to Tenant's business and will be used, releasedkept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the leased premises. If Tenant breaches the obligations stated in the preceding sentence, stored or deposited overif Tenant is permitted by Landlord to use, beneath keep or on the Land or in any structure located on the Land. No store Hazardous Materials will be used in the construction of all or any portion of the Projectleased premises, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it Tenant shall indemnify, defend and hold Landlord harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities or other relief; losses (b) costs of removal and restorationincluding, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, diminution in value of the Property, damages for the loss or restriction on use of space in the Property, and sums paid in settlement of claims, attorneys' fees, witness consultant fees and expert fees) which arise during or after the lease term as a result of such contamination. Without limiting the foregoing, deposition costsif the presence of any Hazardous Materials on the leased premises caused or permitted by Tenant results in any contamination of the leased premises or the Property, photocopying charges Tenant shall promptly take all actions at its sole expense as are necessary to return the leased premises and other expenses, all the Property to the condition existing prior to the introduction of which any such Hazardous Materials; provided that Landlord's approval of such actions shall first be paid by Borrower when incurredobtained. The provisions foregoing indemnity shall survive the expiration or earlier termination of this Lease. As used herein, the foregoing representationsterm "Hazardous Materials" means any hazardous or toxic substance, warranties material or waste, as defined by the Federal Resource Conservation and covenants shall not limit the provisions of the Indemnity Agreement Recovery Act, and the rightsany other federal, remedies state or local laws as they presently exist and protections herein and therein shall as they may be cumulativeamended or supplemented from time to time.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's Agents in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, interest, penalties, fines, monetary sanctions, reasonable attorneys' fees, expenses' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located on manner whatsoever out of the Land. No use, storage, treatment, transportation, releases, or disposal of Hazardous Materials will be used on or about the Project by Tenant or Tenant's Agents. B. If the presence of Hazardous Materials on or about the Project caused or permitted by Tenant or Tenant's Agents results in the construction contamination of water or soil, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination as required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold Landlord and its agents harmless from and defend Agent and Lenders from any and against all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys' fees and costs, arising out of or in connection with any way relating investigation and remediation to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. C. Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use such Hazardous Materials as are necessary to the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and to which Landlord consents in writing. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project, the nature and quantity of such use, and the manner of storage and disposal. Landlord acknowledges that Tenant's use requires batteries which may contain Hazardous Materials and Landlord consents to Tenant's use of such batteries provided Tenant is in compliance with all other terms of this Article 7. D. Landlord may cause testing well▇ ▇▇ be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. The cost of such tests and of the installation, maintenance, repair and replacement of such well▇ ▇▇▇ll be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Paragraph 7.2A and or future presenceParagraph 7. E. As used herein, removal the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority the State of California or the United States Government. As used herein, the term "Hazardous Material Law" shall mean any Law which regulates the use, storage, release or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeMaterial.

Hazardous Materials. Except as set forth in Landlord and Tenant agree that, during the Reports (as defined in the Deed of Trust) and otherwise disclosed to AgentTerm, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials each will be used in the construction of comply with all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulationLaws, including, without limitation limitation, all Environmental Laws, governing, and all procedures established by Landlord for, the laws use, abatement, removal, storage, disposal or transport of any Hazardous Substances and regulations mentioned any required or permitted alteration, repair, maintenance, restoration, removal or other work in or about the definition Premises or Building that involves or affects any Hazardous Substances. No Hazardous Substances will be stored, used, released, produced, processed or disposed in, on or about, or transported to or from, the Premises or Building by Tenant or its subtenants, or any of their respective agents, employees, contractors or invitees, without first obtaining Landlord's express written consent (any Hazardous Substances which are stored, used, released, produced, processed or disposed in, on or about, or transported to or from, the Premises or Building by any of such persons or entities are called "Tenant's Hazardous Materials" set forth aboveSubstances"). Borrower covenants that it However, normal quantities of Tenant's Hazardous Substances customarily used in related office or cleaning activities (such as copier and cleaning chemicals) may be stored and used at the Premises without Landlord's prior written consent. If such approval is granted, any such use, storage, or production of the Hazardous Substances shall indemnifybe done in compliance with all Environmental Laws. Tenant, at its expense, will take all action necessary to restore the Building and Premises to the condition existing prior to the introduction of Tenant's Hazardous Substances, whether such action is required by any governmental authority in order to comply with applicable Laws or by Landlord in order for Landlord to make the same economic use of the Building and Premises as Landlord could have made prior to the introduction of Tenant's Hazardous Substances. Such action may include, without limitation, the investigation of the environmental condition of the Building or Premises, the preparation of remediation plans or feasibility studies and the performance of cleanup, remedial, removal or restoration work. Tenant will obtain Landlord's written approval before undertaking any action required by this Section 4.2(b), which approval will not be unreasonably withheld so long as the proposed actions will not have an avoidable material and adverse effect on the Building. Each party will indemnify and hold the other and the other's Affiliates harmless from and defend Agent and Lenders from against any and all claims, losses, damages, response costs and expenses liabilities (collectively, "Claims"including reasonable attorneys' fees) RWO/06010-007 100300 -4- 29347.4 arising out of or in connection with any way relating to breach by such party of its covenants under this Section 4.2(b). The parties' obligations under this Section 4.2(b) will survive the past, present expiration or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach early termination of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeTerm.

Hazardous Materials. Except Landlord and Tenant agree as set forth follows with respect to the existence or use of Hazardous Materials on the Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's Agents after the Effective Date in or about the Reports (as defined Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the Deed use, storage, treatment, transportation, release, or disposal of Trust) and otherwise disclosed to AgentHazardous Materials on or about the Project by Tenant or Tenant's Agents after the Effective Date. B. If the use, neither Borrower nor Guarantor has any knowledge storage, treatment, transportation, release or disposal of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all Material by Tenant or any portion of Tenant's Agents after the ProjectEffective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination, nor, then Tenant shall promptly take any and all action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys' fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use (a) small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and (b) such other Hazardous Materials as are necessary and used in the management and operation of the business of the original party signing this Lease as tenant as of the Commencement Date as disclosed in the Hazardous Material Questionnaire attached hereto as EXHIBIT C, which materials in either case were or future presenceare used in the manner for which they were designed and in such amounts as may be necessary for the operation of such business at the Property. If Tenant assigns this Lease or sublets any space, removal then any such assignee's or sublessee's use of Hazardous Materials in the normal and customary operation of its business shall be subject to the prior written approval of Landlord. At any time during the Lease Term, Tenant shall, within fifteen (15) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project, the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in PARA 7.2A and/or PARA 7.2B. E. As used herein, the term "Hazardous Material," means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material," includes, without limitation, petroleum products, asbestos, PCB's, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response; Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeMaterial.

Hazardous Materials. Except for ordinary and general office supplies, such as set forth in the Reports copier toner, liquid paper, glue, ink and common household cleaning materials (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored some or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of may constitute "Hazardous Materials" set forth aboveas defined in this Lease), Tenant 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 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. Borrower covenants that it shall Concurrently with the execution of this Lease, Tenant agrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit "G" attached hereto. 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, 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. To the fullest extent permitted by law, Tenant agrees to promptly indemnify, protect, defend and hold harmless Landlord and defend Agent Landlord's partners, officers, directors, employees, agents, property managers, asset managers, successors and Lenders assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, suits. causes of action, losses, damagesliabilities, response penalties, fines, expenses and costs (including, without limitation, clean--up, removal, remediation and expenses (collectivelyrestoration costs, "Claims"sums paid in settlement of claims, attorney's fees, consultant fees and expert fees and court costs) arising out which arise or result from the presence of Hazardous Materials on, in, under or in about the Premises, the Building or any way relating other portion of the Project and which are caused or permitted by Tenant or any of Tenant's Parties, Tenant agrees to the past, present or future presence, removal or disposal promptly notify Landlord of any release of Hazardous Materials overin the Premises, beneath, in the Building or on any other portion of the Project regardless which Tenant becomes aware of during the Term of this Lease, whether such presencecaused by Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, removal or disposal constitutes a breach of Landlord shall have the representations, warranties, covenants and agreements set forth in this Section, includingright, but not limited to: (a) claims of third parties (including governmental agencies) for damagesthe obligation, penalties, response costs, injunctive to cause Tenant to immediately take all steps Landlord deems necessary or other relief; (b) costs of removal appropriate to remediate such release and restoration, including fees of attorneys and experts and costs of reporting the existence of prevent any Hazardous Materials similar future release to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.MISSION PARK BUSINESS CENTER

Hazardous Materials. Except 24.1 Tenant shall not cause or permit any Hazardous Material t be brought upon, kept, or used in or about the Premises by Tenant, its agents, employees, contractors, licensees or invitees, without prior written consent of Landlord (which Landlord shall not unreasonably withhold or delay as set forth long as tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Materials so brought upon or used or kept in or about the Premises). If Tenant breaches the obligations stated in the Reports (as defined in preceding sentence, or if the Deed presence of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or Material on the Land Premises caused or permitted by Tenant results in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion contamination of the ProjectPremises or Building Complex by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, defend and hold Landlord, its agents, employees, legal representatives, successors and assigns, harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities, or other relief; (b) costs of removal and restorationlosses(including, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, diminution in value of the Premises and Building Complex, damages for the loss or restriction on use of any rentable or usable space or of any amenity of the Premises or Building Complex, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, reasonable attorneys' fees, witness consultant fees and expert fees) which arise during or after the Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, deposition costswithout limitation, photocopying charges such costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in or about the Building Complex or the soil or ground water on or under the Building complex. Without limiting the foregoing, if the presence of any Hazardous Material on or about the Building Complex caused or permitted by Tenant results in any contamination of any portion thereof, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building Complex to the condition existing prior to the introduction of any such Hazardous Material, subject to obtaining Landlord's prior written consent to the actions to be taken by Tenant. Landlord may properly require its consent to the selection of the contractors and other expensesexperts involved in the inspection, testing and removal or abatement activities, the scope of activities to be performed, the manner and method for performance of such activities and such other matters as may be required or requested by Landlord for the safety of and continued use of the Building Complex and all of which shall be paid by Borrower when incurredoccupants thereof. The provisions obligations and liabilities of the foregoing representations, warranties and covenants Tenant herein shall not limit the provisions survive expiration or termination of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativethis Lease.

Hazardous Materials. Except as set forth in the Reports 30.1 Tenant shall not cause or permit any Hazardous Material (as defined in the Deed of TrustSection 30.3 below) and otherwise disclosed to Agentbe brought, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored kept or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in or about the construction Project by Tenant, its agents, employees or contractors other than minimal amounts of all or office supplies, cleaners, and other materials normally used in connection with general office use of space. Tenant indemnifies Landlord from and against any portion breach by Tenant of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned obligations stated in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifypreceding sentence, and agrees to defend and hold Landlord harmless from and defend Agent and Lenders from against any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities, or other relief; losses (bincluding, without limitation, diminution in value of the Project, damages for the loss or restriction or use of rentable or usable space or of any amenity of the Project, damages arising from any adverse impact or marketing of space in the Project, and sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert fees) which arise during or after the Term of this Lease as a result of such breach, except to the extent any such damage or injury is caused by the negligence or willful misconduct of Landlord (in which case Landlord shall be responsible (and Landlord shall indemnify Tenant in the manner provided in Section 17.1 hereof) to the extent such damage or injury is not covered by insurance required to be carried by Tenant under this Lease or actually carried by Tenant). This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of removal and restorationsite conditions or any cleanup, including fees remediation, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of attorneys and experts and costs of reporting Hazardous Material present in the existence soil or ground water on or under the Project. Without limiting the foregoing, if the presence of any Hazardous Materials Material on the Project caused or permitted by Tenant results in any contamination of the Project and subject to the provisions of this Lease, Tenant shall promptly take all actions at its sole expense as are necessary to return the Project to the condition existing prior to the introduction of any governmental agency; such Hazardous Material and (c) the contractors to be used by Tenant for such work must be approved by Landlord, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Project and so long as such actions do not materially interfere with the use and enjoyment of the Project by the other tenants thereof. Landlord shall not cause or permit any Hazardous Material to be brought, kept or used in or about the Project by Landlord, its agents, employees or contractors other than in compliance with applicable law. Landlord indemnifies Tenant from and against any breach by Landlord of its obligations stated in the preceding sentence, and agrees to defend and hold Tenant harmless from and against any and all expenses claims, judgments, damages, penalties, fines, costs, liabilities, or obligations incurred atlosses (including, before and after any trial or appeal therefrom, including without limitation, sums paid in settlement of claims, attorneys' ’ fees, witness consultant fees, deposition costsand expert fees) which arise during or after the Term of this Lease as a result of such breach, photocopying charges and other expenses, all except to the extent any such damage or injury is caused by the negligence or willful misconduct of Tenant (in which case Tenant shall be paid responsible (and Tenant shall indemnify Landlord in the manner provided in Section 17.1 hereof) to the extent such damage or injury is not covered by Borrower when incurredinsurance required to be carried by Landlord under this Lease or actually carried by Landlord). This indemnification of Tenant by Landlord includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Project in violation of applicable law. 30.2 It shall not be unreasonable for Landlord to withhold its consent to any proposed assignment or subletting or other transfer if the proposed transferee’s anticipated use of the Premises involves the generation, storage, use, treatment, or disposal of Hazardous Material other than as permitted for Tenant under Section 30.1 above. 30.3 As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The provisions term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined as “Hazardous Waste,” “Extremely Hazardous Waste,” or “Restricted Hazardous Waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the foregoing representationsCalifornia Health and Safety Code, warranties and covenants shall not limit the provisions Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “Hazardous Substance” under Section 25316 of the Indemnity Agreement California Health and Safety Code, Division 20, Chapter 6.8 (▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇ Hazardous Substance Account Act), (iii) defined as a “Hazardous Material,” “Hazardous Substance,” or “Hazardous Waste” under Section 25501 of the rightsCalifornia Health and Safety Code, remedies Division 20, Chapter 6.95 (Hazardous Materials Release Responsible Plans and protections herein Inventory), (iv) defined as a “Hazardous Substance” under Section 25281 of the California Health and therein shall be cumulativeSafety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) listed under Article 9 or defined as Hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (viii) designated as a “Hazardous Substance” pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317), (ix) defined as a “Hazardous Waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903), or (x) defined as a “Hazardous Substance” pursuant to Section 101 at the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601).

Hazardous Materials. Except as set forth in Landlord and Tenant agree that with respect to the Reports existence or use of Hazardous Materials (as defined as such under current laws or regulations as may be amended from to time) on the Property, any handling, transportation, storage, treatment, disposal or use of Hazardous Materials, in any amount, by Tenant, Tenant’s agents, or any other party associated with Tenant must be absolutely and completely disclosed to and approved in writing by Landlord prior to its arrival in the Deed Premises. Landlord may uncontestably withhold Landlord’s approval at Landlord’s sole discretion. Any withholding from Landlord of Trust) information relating to Hazardous Materials used or stored by Tenant shall constitute a material default under the terms of the Lease and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge shall be cause for lease termination at Landlord’s option. Any use or storage of any disclosed Hazardous Materials that in or about the Property, which use or storage shall have been generatedapproved by Landlord, releasedshall strictly comply with all applicable Hazardous Materials laws. Tenant shall, stored upon request by Landlord, provide proof of approvals by the governing authorities. Landlord’s consent or deposited overapproval once given shall not constitute approval for any subsequent bringing of Hazardous Materials onto the Premises or Project. Tenant shall indemnify, beneath defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Leased Premises or the Property by Tenant, Tenant’s agents, permitees, or invitees. If the presence of Hazardous Materials on the Land Leased Premises, the Building, or the Project caused or permitted by Tenant’ Tenant’s agents, permitees, or invitees result in contamination or deterioration to any structure located on the Land. No Hazardous Materials will be used in the construction extent of all water, soil, or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fillLeased Premises, the result of which could impose any liability against BorrowerBuilding, Agent, Lenders or the Project under any applicable law or regulationProject, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, hold harmless and defend Agent and Lenders from promptly take any and all claims, losses, damages, response costs action necessary to remove said Hazardous Materials and expenses to return the Project (collectively, "Claims"and any other property of whatever nature) arising out of or in any way relating to their condition existing prior to the past, present appearance of such Hazardous Materials. Landlord may at any time and at Tenant’s sole cost perform any tests or future presence, removal or disposal investigations (including the installation of any testing ▇▇▇▇▇) it deems appropriate to determine the presence of Hazardous Materials over, beneath, in or on the Project regardless Project. The terms of whether this clause shall survive the expiration or sooner termination of this Lease. In the event that any containers of Hazardous Materials appear upon the Property or the Premises, or materials are spilled upon the Property or the Premises, the responsibility for which cannot be reasonably determined, Landlord is hereby authorized to remove the containers or the spilled materials, and Tenant shall, upon demand by Landlord, reimburse Landlord for any costs associated with such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restorationany repairs required by virtue of such removal. If such removal and subsequent cost associated with such removal cannot be reasonably attributed to a specific space within the Project, including fees of attorneys and experts and the costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of apportioned on a pro-rata basis among all tenants in the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeProject.

Hazardous Materials. Except as set forth The term “Hazardous Materials” means any substance, material, or waste which is now or hereafter classified or considered to be hazardous, toxic, or dangerous under any Law relating to pollution or the protection or regulation of human health, natural resources or the environment, or poses or threatens to pose a hazard to the health or safety of persons on the Premises or in the Reports (as defined Project. Neither Tenant nor its agents or employees shall 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 Deed ordinary performance of Trust) Tenant’s business, and otherwise disclosed then in compliance with all Laws. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, conduct site investigation work necessary to Agent, neither Borrower nor Guarantor has any knowledge evaluate the presence of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in Premises and the Project and to cleanup, remediate, and otherwise mitigate the effects of the presence of any structure located such Hazardous Materials on the Land. No Hazardous Materials will be used in the construction of all or any portion of Premises and the Project, noror Landlord may, if it has reasonable grounds to conclude that Tenant will not properly perform such work, undertake such site investigation work and any such cleanup, remediation or mitigation work on behalf of Tenant, at Tenant’s sole cost and expense. In any event, any such site investigation work or such cleanup, remediation or mitigation work shall be performed by qualified environmental professionals reasonably acceptable to Landlord. If Tenant breaches its obligations under this Section 25(x), Landlord may immediately take any and all action reasonably appropriate to remedy the best same, including taking all appropriate action to clean up or remediate any contamination resulting from Tenant’s use, generation, storage or disposal of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it Notwithstanding Landlord’s indemnity contained in Section 11(d), Tenant shall defend, indemnify, and hold harmless Landlord and defend Agent its representatives and Lenders agents from and against any and all claims, lossesdemands, damagesliabilities, response costs causes of action, suits, judgments, damages and expenses (collectively, "Claims"including reasonable attorneys’ fees and cost of clean up and remediation) arising out from Tenant’s failure to comply with the provisions of this Section 25(x). This indemnity provision shall survive termination or in any way relating to expiration of this Lease. Landlord shall be solely responsible for the past, present or future presence, removal or disposal remediation of any Hazardous Materials over, beneath, in or on brought onto the Project regardless by Landlord, its agents or employees in violation of whether such presenceapplicable Laws and Landlord shall indemnify, removal or disposal constitutes a breach defend and hold Tenant harmless from and against any and all claims, demands, liabilities, causes of the representationsaction, warrantiessuits, covenants judgments, damages and agreements set forth in this Section, including, but not limited to: (a) claims of third parties expenses (including governmental agenciesreasonable attorneys’ fees) for damages, penalties, response costs, injunctive or other relief; (b) the costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any such remediation. Landlord shall use good faith efforts not to place or use or permit any agent or employee to place or use any Hazardous Materials to any governmental agency; and (c) any and all expenses in violation of applicable Laws in or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all about the Premises during the Term of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativethis Lease.

Hazardous Materials. Except Landlord and Tenant agree as follows with ------------------- respect to the existence or use of "Hazardous Material" (as defined below) on the Premises: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Landlord or Tenant on and after the Effective Date in or about the Premises shall strictly comply with all applicable Hazardous Materials Laws and shall be conducted in a manner which will not impair the health of any person on or about the Premises (including, without limitation, Landlord's and Tenant's employees, agents or invitees). B. Tenant at Tenant's sole expense shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord and Landlord's shareholders, directors, officers, employees, partners, affiliates and agents from and against any and all liabilities, losses, claims, damages, lost profits, diminution in value of the Premises or the Building, consequential damages, interest, penalties, fines, monetary sanctions, reasonable attorneys' fees, experts' fees, and court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the following: (1) The use, storage, release or disposal of Hazardous Materials on or about the Premises by Tenant, its subtenants, and their respective agents, employees, or contractors after the Effective Date; and (2) The exposure of any person to a Hazardous Material stored, used, released or disposed of by Tenant, its subtenants, and their respective agents, employees, or contractors in or about the Premises after the Effective Date. C. If the presence of Hazardous Materials on the Premises caused or permitted by Tenant or its agents, employees, or contractors after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established by any governmental agency having jurisdiction over such contamination, then Tenant at Tenant's sole expense shall promptly take any and all action necessary to clean up such contamination and return the Premises or Building to the condition that existed before the introduction of such Hazardous Material by Tenant or its agents, employees or contractors, to the extent required by applicable Law or to the extent required by an institutional owner of real property acting reasonably. Tenant shall first obtain Landlord's reasonable approval of the proposed remedial action. This provision does not limit the indemnification obligations of Tenant set forth in the Reports (as defined in the Deed of Trust) this Article 7. Tenant shall further be solely responsible for, and otherwise disclosed to Agentshall defend, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generatedindemnify and hold Landlord and its agents harmless from and against, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including reasonable attorneys' fees and costs, arising out of or in connection with any way relating removal, clean-up and restoration work required as a result of any Hazardous Materials contamination caused by Tenant's use, storage, or disposal of Hazardous Materials on the Premises during the Lease Term. D. Landlord and Tenant shall each give written notice to the pastother as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Premises, present and (ii) any actual or future presencethreatened contamination of the Premises by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. At any time during the Lease Term, removal Tenant shall, within five (5) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Premises, the nature of such use, and the manner of storage and disposal. E. If Landlord has good cause to believe that the Premises has or may become contaminated by Hazardous Materials, Landlord may cause testing ▇▇▇▇▇ to be F. Landlord, at its sole cost, shall comply with all Laws regulating Hazardous Materials affecting the Premises (without right of reimbursement from Tenant) to the extent that such compliance is not made the responsibility of Tenant pursuant to subparagraphs 7.2B or 7.2C. G. As used herein, the term "Hazardous Material," means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material," includes, without limitation, any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article Il of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601), (iv) a pollutant, contaminant, or hazardous, dangerous, or toxic chemical material, or substance within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders imposing liability or standards of conduct concerning any hazardous, dangerous, or toxic waste, substance, or material, now or hereafter in effect), or (v) petroleum products, radioactive material, including any source, special nuclear, or byproduct material as defined in ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code Sections 2011-2297g-4; asbestos in any form or condition; and polychlorinated biphenyls (PCBs) and substances or compounds containing PCBs. H. As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials overMaterial, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach relates to public health and safety and protection of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeenvironment.

Hazardous Materials. Tenant may use only Hazardous Materials such as adhesives, lubricants, ink, solvents, and cleaning fluids of the kind and in amounts and in the manner customarily found and used in business offices to conduct its business at the Premises, and to maintain and operate the business machines located in the Premises (collectively "Permitted Hazardous Materials"). Except as set forth permitted by the preceding sentence, Tenant covenants not to use, store, handle, treat, transport, release, or dispose of Hazardous Materials on or about the Premises, the Buildings or the Complex. Any handling, treatment, transportation, storage, disposal, or use of Permitted Hazardous Materials by Tenant in or about the Reports (as defined Premises shall comply with all applicable Legal Requirements, Environmental Laws, and with the Environmental Restrictions. Tenant shall, within ten Business Days of Landlord's written request therefor, disclose in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any writing all Permitted Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be are being used by Tenant in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fillPremises, the result nature of which could impose any liability against Borrowersuch use, Agent, Lenders or and the Project under any applicable law or regulation, including, without limitation the laws manner of storage and regulations mentioned in the definition of "Hazardous Materials" set forth abovedisposal. Borrower covenants that it Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold Landlord harmless from and defend Agent and Lenders from against, any and all liabilities, losses claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damagesinterest, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitationfines, attorneys' fees, witness experts' fees, deposition court costs, photocopying charges remediation costs, and other expensesexpenses that result from the use, all storage, handling, treatment, transportation, release, threat of which release or disposal of Hazardous Materials in or about the Premises, the Buildings or the Complex by Tenant or Tenant's agents, employees, contractors, or invitees. Tenant shall give written notice to Landlord as soon as reasonably practicable of any communication received by Tenant from any Governmental Authority concerning Hazardous Materials that relates to the Premises or the Complex. Attached hereto as Exhibit G is a list of documents imposing environmental restrictions on the Complex (as the same may be paid amended from time to time, collectively, the "ENVIRONMENTAL RESTRICTIONS"). Tenant acknowledges that it has received a copy of the Environmental Restrictions listed on Exhibit G. The Premises are leased subject to the Environmental Restrictions. As used herein the term "Hazardous Material(s)" means any hazardous or toxic substance, material, or waste or petroleum derivative that is or becomes regulated by Borrower when incurredany Environmental Law. The provisions term "Hazardous Material(s)" includes all Permitted Hazardous Materials, and further includes any material or substance that is (i) designated as a "hazardous substance" pursuant to Section 1311 of the foregoing representationsFederal Water Pollution Control Act (33 U.S.C. Section 1317), warranties and covenants shall not limit the provisions (ii) defined as a "hazardous waste" pursuant to Section 1004 of the Indemnity Agreement Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903), (iii) defined as a "hazardous substance" pursuant to Section 101 of the rightsComprehensive Environmental Response, remedies Compensation and protections herein and therein shall be cumulative.Liability Act, 42 U.S.C. Section

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed 10.3.1 Contractor shall, at its expense, comply with all applicable environmental laws, regulations, rules and orders, regardless of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored when they become or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulationbecame effective, including, without limitation limitation, those relating to health, safety, noise, environmental protection; waste disposal, and air quality, and furnish satisfactory evidence of such compliance upon request of Owner. 10.3.2 Should any hazardous or toxic waste, discharge, leakage, spillage, emission, asbestos, petrochemical contamination, pollution or environmental harm of any type occur upon or from the Project due to or resulting from the Work on the Project, Contractor, shall be obligated to clean and remediate the Project to the satisfaction of Owner and any governmental body having jurisdiction thereof. Contractor hereby represents and warrants that neither Contractor nor its subcontractors or lower-tier subcontractors will bury any construction materials paint, trash, equipment or other items on the job site. Should Owner learn or discover that any burial of such items on the Project occurred during Contractor’s performance of Work, Contractor, at its expense, shall be obligated to eliminate all such items in compliance with applicable laws and regulations mentioned restore the burial area to its original condition. Should Contractor suspect or learn of the presence of any hazardous substance at the job site, Contractor shall immediately notify Owner in writing, and obtain Owner’s written authorization to proceed prior to disturbing such condition or implementing any remediation. No construction debris (hazardous or non-hazardous) shall be deposited in an unpermitted landfill. 10.3.3 To the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall fullest extent permitted by law, Contractor agrees to indemnify, hold harmless and defend Agent and Lenders from Owner against any and all liability, claims, losses, damages, response actions, costs and expenses expense (collectivelyincluding, "Claims"without limitation, any fines, penalties, judgments, litigation costs and attorneys’ fees) arising out of or in any way relating incurred by Owner to the pastextent caused by Contractor’s breach of this Article 10.3, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presenceliability, removal claims, damages, actions, costs or disposal constitutes a breach expense arise during or after the Final Completion of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to:Project. (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. 10.3.4 The provisions of this Article 10.3 shall survive the foregoing representationsbreach, warranties and covenants shall not limit the provisions expiration, full performance or earlier termination of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativethis Contract.

Hazardous Materials. Except Licensee shall not cause or permit any Hazardous Materials (as set forth hereinafter defined) to be brought upon, kept or used in or about the License Area, the Building or the Project in violation of Applicable Laws (as hereinafter defined) by Licensee, its agents, employees, contractors or invitees. If Licensee breaches such obligation, or if the presence of Hazardous Materials as a result of such a breach results in contamination of the License Area, the Leased Premises, the Building, the Project or any adjacent property, or if contamination of the License Area, the Leased Premises, the Building, the Project or any adjacent property by Hazardous Materials otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder due to such breach by Licensee, then Licensee shall indemnify, save, defend and hold Licensor, its agents and contractors harmless from and against any and all losses, costs, damages or judgments (including sums paid in settlement, attorneys’ fees, consultants’ fees and experts’ fees) that arise during or after the Term as a result of such breach or contamination. This indemnification of Licensor by Licensee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state, regional, local or municipal governmental authority, agency or subdivision (collectively, the “Governmental Authorities”) because of Hazardous Materials present in the Reports (as defined in air, soil or groundwater above, on or under the Deed of Trust) and otherwise disclosed to AgentLicense Area, neither Borrower nor Guarantor has the Leased Premises, the Building, the Project or any knowledge adjacent property. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the License Area, the Leased Premises, the Building, the Project or any adjacent property caused or permitted by Licensee results in any contamination of the License Area, the Leased Premises, the Building, the Project or any adjacent property, then Licensee shall promptly take all actions at its sole cost and expense as are necessary to return the License Area, the Leased Premises, the Building, the Project and any adjacent property to their respective condition existing prior to the time of such contamination; provided that Licensor’s written approval and the written approval of Landlord of such action shall first be obtained, which approval Licensor shall not unreasonably withhold; and provided, further, that it shall be reasonable for Licensor to withhold its consent if (i) Landlord withholds such consent, or (ii) such actions could have been generated, released, stored a material adverse long-term or deposited over, beneath or short-term effect on the Land License Area, the Leased Premises, the Building, the Project or any adjacent property. Licensor acknowledges that Licensee shall not be responsible for environmental conditions or contamination now or hereafter existing on, under or in any structure located on the Land. No Hazardous Materials will be used in License Area, the construction of all Leased Premises, the Building or any portion of the Project, noror for environmental conditions or contamination coming from off site, to the best extent the same was not caused or contributed to by Licensee, Licensee’s affiliates, or their agents. Licensee’s obligations under this paragraph shall survive the Expiration Date. During any period of Borrower's knowledge time needed by Licensee or Licensor after due inquirythe Expiration Date to complete the removal from the License Area of any such Hazardous Materials, has any part of Licensee shall continue to pay License Fee for the Land been affected area(s) in accordance with this Agreement, which License Fee shall be pro-rated daily. As used for or as a land fillherein, the result of which could impose term “Hazardous Material” means any liability against Borrowerhazardous or toxic substance, Agent, Lenders material or the Project under waste that is so designated by Applicable Laws and/or becomes regulated by any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeGovernmental Authority.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land42.1. No Hazardous Materials will be As used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fillthis Lease, the result of which could impose term “Hazardous Material” means any liability against Borrowerflammable items, Agentexplosives, Lenders radioactive materials, hazardous or the Project under any applicable law toxic substances, material or regulationwaste or related materials, including, without limitation the laws and regulations mentioned limitation, any substances defined as or included in the definition of "“hazardous substances”, “hazardous wastes,” “infectious wastes,” “hazardous materials” or “toxic substances” now or subsequently regulated under any federal, state or local laws or regulations including, without limitation, petroleum-based products, printing inks, acids, pesticides, 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. 42.2. Tenant shall not cause or permit any Hazardous Materials" set forth aboveMaterial to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises or the Project by Tenant, its agents, employees, contractors, affiliates, sublessees or invitees. Borrower covenants that it Tenant shall indemnify, defend and hold Landlord harmless from all actions (including, without limitation, remedial or enforcement actions of any kind, and defend Agent administrative or judicial proceedings and Lenders from any and all orders or judgments), costs, claims, lossesdamages (including punitive damages), damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (aattorneys’, consultants’ and experts’ fees, court costs) claims of third parties (including governmental agencies) for damagesamounts paid in settlement, fines, forfeitures or other civil, administrative or criminal penalties, response costs, injunctive or other relief; (b) costs , liabilities or losses arising from a breach of removal and restorationthis prohibition by Tenant, including fees its agents, employees, contractors, affiliates, sublessees or invitees. Upon expiration or earlier termination of attorneys and experts and costs of reporting the existence of this Lease, Tenant shall cause any Hazardous Materials arising out of or related to any governmental agency; and (c) any and all expenses the use or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions occupancy of the foregoing representationsPremises by Tenant or its agents, warranties and covenants shall not limit affiliates, customers, employees, business associates or assigns to be removed from the provisions of the Indemnity Agreement Premises and the rightsProject and properly transported for use, remedies storage or disposal in accordance with all applicable laws, regulations and protections herein and therein shall be cumulativeordinances.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) and Tenant shall not store, manufacture, dispose of, discharge, transport, expose individuals to, or otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any use Hazardous Materials that have been generated, released, stored in or deposited over, beneath or on about the Land or in any structure located on the Land. No Property (except for normal use of those Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been routinely used for or as a land filloffice and janitorial purposes) without Landlord's written consent, the result of which could impose any liability against Borrowerconsent may be withheld in Landlord's sole discretion. Tenant shall be solely responsible for and shall defend, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, and hold harmless Landlord and defend Agent its agents, employees, members, managers, successors and Lenders assigns, from any and against all claims, lossescosts, damagesliabilities, response attorneys' fees, experts' fees, costs and expenses (collectivelyof every type and nature, "Claims") direct or contingent, arising out of or in any way relating to connection with the paststorage, present manufacture, disposal, discharge, transport, exposure of an individual to, or future presence, removal or disposal other use of any a Hazardous Materials overby Tenant or its agents, beneathemployees, in or contractors, and/or sublessees. If the presence of Hazardous Materials on the Project regardless of whether such presence, removal Premises caused or disposal constitutes a breach permitted by Tenant results in the Contamination of the representationsProperty or any other property, warrantiesthen Tenant shall promptly take any and all action necessary to remove such Contamination. At any time Landlord may conduct evaluations, covenants investigations, audits and/or water or soil tests to determine whether Tenant is complying with this Lease or whether any Contamination is present at the Property. If such tests reveal the presence of Contamination arising out of or in connection with the storage, manufacture, disposal, discharge, transport, exposure of an individual to, or other use of a Hazardous Materials by Tenant or its agents, employees, contractors, and/or sublessees, then Landlord (i) may require Tenant, at its cost, to eliminate the Contamination and agreements set forth Hazardous Materials from the Property and any other affected property, or (ii) may itself take such steps, at Tenant's cost, as are necessary to eliminate the Contamination and the Hazardous Materials from the Property and any other affected property. Tenant shall reimburse Landlord for the cost so expended within three (3) days following Landlord's written demand therefor. The Tenant's rights and obligations hereunder shall survive the termination of this Lease for any reason. As used in this Section, including"Contamination" shall mean the presence of a Hazardous Material in the soil, but not limited to: (a) claims groundwater, surface water, ambient air, or building materials of third parties (including governmental agencies) property. Tenant shall have no obligation under this Lease for damages, penalties, response any costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitationliabilities, attorneys' fees, witness experts' fees, deposition costscosts and expenses of any type and nature, photocopying charges direct or contingent, arising out of or in connection with the storage, manufacture, disposal, discharge, transport, exposure of an individual to, or other use of a Hazardous Materials by parties other than Tenant, its successors, sublessees and other expensesassigns, all or the agents, employees and/or contractors of which shall be paid by Borrower when incurred. The provisions of the foregoing representationsTenant or its successors, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativesublessees or assigns.

Hazardous Materials. Except as set forth in (a) GSA IV shall not (either with or without negligence) cause or permit the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agentuse, neither Borrower nor Guarantor has any knowledge storage, generation, escape, disposal or release of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Landmanner not sanctioned by law. No Hazardous Materials will be used in the construction of In all or any portion of the Projectevents, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws GSA IV shall indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold Grantor harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyfines, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damagesjudgments, penalties, response costs, injunctive liabilities or other relief; losses (b) costs of removal and restorationincluding, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) without limitation, any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitationsums paid for settlement of claims, attorneys' fees, witness and consultants' and experts' fees) from the presence or release of any Hazardous Materials on the Easement Area if caused by GSA IV or persons acting under GSA IV. GSA IV shall execute such affidavits, representations and the like from time to time as Grantor may reasonably request concerning GSA IV's best knowledge and belief as to the presence of Hazardous Materials within the Easement Area. (b) Grantor shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Materials in any manner not sanctioned by law, provided, however, that, without accepting any liability for such condition, GSA IV acknowledges and accepts the condition that the Grantor’s Property is a former solid-waste landfill. In all events, Grantor shall indemnify and hold GSA IV harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, deposition costsand consultants' and experts' fees) from the presence or release of any Hazardous Materials on Grantor's Property unless caused by GSA IV or persons acting under GSA IV. Grantor shall execute such affidavits, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement representations and the rightslike from time to time as GSA IV may reasonably request concerning Grantor's best knowledge and belief as to the presence of Hazardous Materials on Grantor's Property. (c) For purposes of this Easement, remedies the term "Hazardous Materials" means any substance which is (i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and protections herein all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials, or (viii) radioactive materials. "Environmental Law(s)" means the Comprehensive Environmental Response, Compensation, and therein shall be cumulativeLiability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections 1251, et seq., as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal, state or local law, statute, rule, regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, clean-up, transportation or release or threatened release into the environment of Hazardous Materials.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with ------------------- respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's Agents after the Effective Date in or about the Project shall strictly comply with all applicable. Hazardous facilities Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages. interest, penalties, mines, monetary sanctions, attorneys' fees, experts, fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant's Agents after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Project caused or permitted by Tenant or Tenant's Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the construction of levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys' fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant may use small quantities of household chemicals such as adhesives, lubricants and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall, within five (5) business days after its receipt of written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the project, the nature of such use, and the manner of storage and disposal. D. Landlord at its sole cost, may cause testing ▇▇▇▇▇ to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in paragraph 7.2A and/or paragraph 7.2B. E. As used herein, the term "Hazardous Material," means any hazardous or future presencetoxic substance, removal material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material," includes, without limitation, petroleum products, asbestos, PCB's, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ii) defined is a hazardous waste pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a "hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response: Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeMaterial.

Hazardous Materials. Except as set forth in the Reports (as defined in the Deed of Trust) and otherwise disclosed Tenant shall not cause nor permit, nor allow any Tenant Party to Agentcause or permit, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant's Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any governmental agency; Environmental Law or presence of any Hazardous Materials, other than office and (c) janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant's or any Tenant Party's occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase "environmental condition" shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition Tenant shall promptly take any and all expenses steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or obligations incurred atshall, before at Landlord's election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord's performing such work, based upon Landlord's reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any trial excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord's affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, "Indemnitees") from and against any and all Claims arising at any time during or appeal therefromafter the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party's breach of this Article 51 or (b) the presence of Hazardous Materials on, including under or about the Premises or other property as a result (directly or indirectly) of Tenant's and/or any Tenant Party's activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, attorneys' feesthe cost of any required or necessary repair, witness feescleanup or detoxification, deposition costsand the preparation and implementation of any closure, photocopying charges and monitoring or other expensesrequired plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant's obligation of which shall be paid by Borrower when incurredindemnification pursuant hereto. The provisions of Tenant's obligations pursuant to the foregoing representations, warranties and covenants indemnity shall not limit survive the provisions expiration or termination of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativethis Lease.

Hazardous Materials. Except as set forth Lessee shall not store on the premises or utilize in its operation any materials, compounds or liquids that are highly flammable or hazardous to the health of humans in ordinary use. No oils, lubricating fluids, cleaning compounds or other petrochemical-based substances shall be deposited or disposed of in the Reports (as defined septic system serving the premises or any sewer system to which it may be connected hereafter. All such materials shall be removed from the Premises once no longer used by Lessee in complicance with all statutes, regulations and ordinances of the federal, state and local government. HOLD HARMLESS: Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the Premises or from the conduct of its business or from any activity, work or other things done, permitted or suffered by the Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge performance of any Hazardous Materials that have been generatedobligation on Tenant's part to be performed under the terms of this Lease, releasedor arising from any act or negligence of the Tenant, stored or deposited overany officer, beneath agent, employee, guest, or on invitee of Tenant, and from all costs, attorney's fees, and liabilities incurred in or about the Land defense of any such claim or any action or proceeding brought thereon and in case any structure located on action or proceeding be brought against Landlord by reason of such claim; provided however Tenant shall not indemnify and hold harmless landlord from any and all claims arising from landlord's negligence. Tenant upon notice from Landlord shall defend the Landsame at Tenant's expense by counsel reasonable satisfactory to Landlord. No Hazardous Materials will be used Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon, or about the Premises, from any cause other than Landlord's negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the construction of all Premises. Landlord or its agents shall not be liable for any portion of the Projectloss or damage to persons or property resulting from fire, norexplosion, to the best of Borrower's knowledge after due inquiryfalling plaster, has steam, gas, electricity, water or rain which may leak from any part of the Land been used building or from the pipes, appliances or plumbing works therein or from the roof, street subsurface or from any place resulting from dampness or any other cause whatsoever, except that of landlords negligence Landlord or its agents shall not be liable for interference with the light, air, or as a land fill, the result of which could impose for any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned defect in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativePremises.

Hazardous Materials. Except as set forth Tenant shall not use, generate, treat, store or dispose of Hazardous Material on the Premises or common area of the Building or the real property (the "Common Area") 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 Reports (as defined in preceding sentence, or if the Deed presence of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or Material on the Land Premises or Common Area caused or permitted by Tenant results in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion contamination of the ProjectPremises or Common Area, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, defend and hold Owner harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities, or other relief; losses (b) costs including without limitation diminution in value of removal and restorationthe Premises or Common Area, including fees damages for the loss or restriction on the use of attorneys and experts and costs of reporting the existence rentable or usable space or of any Hazardous Materials to any governmental agency; adverse impact on marketing of space on the Premises or Common Area, and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitationsums paid in settlement of claims, attorneys' fees, witness consultant fees and expert fees) which arise during or after the Initial Lease Term, and any Extended Term, as a result of such contamination. This indemnification of Owner by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial removal or restoration work required by any federal, state or local governmental agency, political subdivision, lender or buyer because of Hazardous Material present in the soil or groundwater on or under the Premises or Common Area, diminution 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, reasonable attorneys' fees, deposition costsconsultant fees, photocopying charges laboratory fees and other expensesexpert fees. Without limiting the foregoing, all if the presence of which shall be paid any Hazardous Material on the Premises or Common Area caused or permitted by Borrower when incurred. The provisions Tenant results in any contamination of the foregoing representationsPremises or Common Area, warranties and covenants Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises or Common Area to the condition existing prior to the contamination of the Premises or Common Area by any such Hazardous Material; provided, however, Owner's approval of such action shall first be obtained, which approval shall not limit be unreasonably withheld. Tenant will deliver to Owner copies of any documents received from, or sent by Tenant to, the provisions of United States Environmental Protection Agency and/or any state, county or municipal environmental or health agency concerning the Indemnity Agreement and Tenant's operations on the rightsPremises. As used herein, remedies and protections herein and therein shall be cumulative.the term "

Hazardous Materials. Except Hazardous Materials" shall include, but not be limited to, hazardous, toxic and those substances defined as set forth "hazardous substances", "hazardous materials", "hazardous waste", "toxic substances", or other similar designations in the Reports (as defined in the Deed any regulation. Tenant shall not cause, or allow any of Trust) and otherwise disclosed Tenant's parties to Agentcause, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been hazardous materials to be used, generated, released, stored or deposited overdisposed of on or about the Premises, beneath the Building or surrounding land or environment in violation of any regulations. Tenant must obtain Landlord's written consent prior to the introductions of any hazardous materials onto the Premises. Landlord consents to Tenant's use of the hazardous materials described in EXHIBIT B, provided Tenant obtains all necessary government approvals or permits to use or store said materials on the Land Premises. Tenant agrees that any future additions to this list, also require Landlord's written consent as well as the abovementioned approvals or permits prior to use or storage. Tenant may handle, store, use and dispose of any such hazardous materials in a safe and lawful manner and never allow such hazardous materials to contaminate the Premises, Building or surrounding land or environment. Tenant shall immediately notify Landlord of any structure located on the Land. No Hazardous Materials will be used in the construction hazardous materials' contamination of all or any portion of the ProjectPremises of which Tenant becomes aware, nor, whether or not caused by Tenant. Landlord shall have the right at all reasonable times to inspect the best of Borrower's knowledge after due inquiry, has any part of Premises and to conduct tests and investigations to determine whether Tenant is in compliance with the Land been used for or as a land fillforegoing provisions, the result costs of which could impose any liability against Borrowerall such inspections, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws tests and regulations mentioned in the definition of "Hazardous Materials" set forth aboveinvestigations to be borne by Tenant. Borrower covenants that it Tenant shall indemnify, and hold Landlord harmless and defend Agent and Lenders from any and all claimsliabilities, losses, damagescosts, response costs and expenses (collectivelylegal fees, "Claims") demands, causes of action, claims or judgments directly or indirectly arising out of or in any way relating to the pastuse, present or future presencegeneration, removal storage, release, or disposal of hazardous materials by Tenant or any Hazardous Materials overof Tenant's parties in, beneathon or about the Premises, in the Building or on the Project regardless of whether such presencesurrounding land or environment, removal or disposal constitutes a breach of the representationswhich indemnity shall include, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' feesdamages for personal or bodily injury, witness feesproperty damage, deposition costsdamage to the environment, photocopying charges or natural resources occurring on or off the Premises, losses attributable to diminution in value or adverse effects on marketability, the reasonable costs of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other expensesrequired plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall only be liable for detrimental consequences directly or indirectly caused by its own acts or omissions. Neither Landlord's consent to the use, generation, storage, release or disposal of hazardous materials nor the strict compliance by Tenant with all laws pertaining to hazardous materials shall excuse that Tenant from Tenant's obligation of which indemnification pursuant to this Section 4D. Tenant's obligations pursuant to the foregoing indemnity shall be paid by Borrower when incurredsurvive the expiration or earlier termination of this Lease. The provisions Landlord and its agents make no representations about the current condition of the foregoing representations, warranties premises with respect to hazardous materials. Tenant accepts the Premises "as is" and covenants shall not limit assumes full responsibility for obtaining all necessary government approvals or permits prior to commencing operations as well as any clean-up or clearance approvals upon the provisions termination of its activities on the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativePremises.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Property: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant, Tenant's Agents, or any other party after the Effective Date of this Lease in or about the Property shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Property by Tenant , Tenant's Agents, Permitees, or Invitees after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Property caused or permitted by Tenant, Tenant's Agents, Permitees, or Invitees after the Effective Date of this Lease results in the construction contamination or deterioration of all water or soil or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any other part of the Land been used for or as a land fillProperty, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it then Tenant shall indemnify, hold harmless and defend Agent and Lenders from promptly take any and all action necessary to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys' fees and costs, arising out of or in connection with any way relating investigation and remediation (including investigative analysis, removal, cleanup, and/or restoration work) required hereunder to return the Leased Premises, Building, Common Areas, Outside Areas, and/or Property and any other property of whatever nature to their condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Property, present or future presence, removal or disposal and (ii) any contamination of the Property by Hazardous Materials which constitutes a violation of any Hazardous Materials overLaw. Tenant acknowledges that Landlord, beneath, in or on as the Project regardless of whether such presence, removal or disposal constitutes a breach owner of the representationsProperty, warrantiesat Landlord's election, covenants shall have the sole right at Tenants expense to negotiate, defend, approve, and/or appeal any action taken or order issued with regard to Hazardous Materials by any applicable governmental authority. Tenant may use small quantities of household chemicals such as adhesive, lubricants, and agreements set forth cleaning fluids in this Sectionorder to conduct its business at the Premises and such other Hazardous Materials as are necessary to the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Property (or any portion thereof) and which Landlord consents in writing may be brought onto the Property. In granting Landlord's consent, includingLandlord may specify the location and manner or use, but not limited to: (a) claims of third parties (including governmental agencies) for damagesstorage, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence handling of any Hazardous Material, Landlord's consent shall in no way relieve Tenant from any of its obligations as contained herein. Tenant shall notify Landlord in writing at least ten (10) days prior to the first appearance of any Hazardous Material on the Leased Premises, Building, Common Areas, Outside Areas, and/or Property. Tenant shall provide Landlord with a list of all Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulative.quantities of each Hazardous Material to be

Hazardous Materials. Except Landlord and Tenant agree as set forth in the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, follows with respect to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for existence or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition use of "Hazardous MaterialsMaterial" set forth above. Borrower covenants that it on the Installations Premises. (a) If the use, storage, handling, generation, or disposal of Hazardous Material on or in the Installations Premises during the Term results in the release or threatened release of Hazardous Materials at, on or under the Installations Premises in violation of Applicable Law, or otherwise necessitates investigation or cleanup of Hazardous Material as required under Applicable Law ("Environmental Conditions"), Tenant shall indemnify, defend and hold Landlord harmless and defend Agent and Lenders from any and all claims, lossesjudgments, damages, response penalties, fines, costs, liabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees but excluding consequential damages and any injury to the value of the Property, provided that this clause shall not be construed as reducing the Remediation Obligation) which arise during or after the Term as a direct result thereof. This indemnification of Landlord by Tenant includes, without limitation, reasonable costs and expenses (collectivelyincurred in connection with any investigation of site conditions or any cleanup, "Claims") arising out remedial, removal or restoration work required by any federal, state or local governmental agency because of Hazardous Material present in the soil or groundwater on or under the Installations Premises or in any way relating improvements on the Installations Premises. This indemnification, however, shall not apply to any Environmental Conditions caused by the pastacts or omissions of Landlord or its Agents. The indemnification and hold harmless obligations of Tenant under this Section 27 shall survive any termination of this Lease for a period of twenty-four (24) months after the termination. At the end of the twenty-four (24) month period, present or future presencethis indemnification and all of Tenant's obligations under this Section shall expire, removal except as to matters specifically made the subject of a lawsuit filed against Tenant before the expiration of the twenty-four (24) month period. Without limiting the foregoing, if the use, storage, handling, generation, or disposal of Hazardous Material on or in the Installations Premises during the Term results in any Hazardous Materials overEnvironmental Conditions, beneaththen, provided that the Environmental Condition is not caused by the acts or omissions of Landlord or its Agents, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Installations Premises to substantially the condition existing prior to thereto or to such other condition as may satisfy the applicable governmental authorities (the "Remediation Obligation"). Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld. Nothing in this Section shall be deemed to prohibit or on limit any action by Tenant against any party or parties responsible for the Project regardless of whether such presence, removal or disposal constitutes a breach contamination. (b) Tenant covenants and agrees that during the Term it shall continue implementation of the representationsOperations and Maintenance Plan described in Exhibit J attached hereto and made a part hereof at all times in compliance with Applicable Laws in all material respects. (c) Landlord shall have the right, warrantiesat any time, covenants to cause the groundwater, soil, improvements and agreements set forth in this Sectionair at the Installations Premises to be investigated to detect the presence of Hazardous Material during the Term, including, but not limited to:, the installation of testing ▇▇▇▇▇ and other devices in locations selected by Landlord at Landlord's sole discretion. Landlord shall supply Tenant with copies of final investigation reports. The cost of such investigations and of the maintenance, repair and replacement of such ▇▇▇▇▇ and other devices shall be fully paid for by Landlord, unless Landlord's investigations reveal Environmental Conditions which Tenant is obligated to remediate under this Section. In that event, Tenant, within thirty (30) days after receiving a copy of such investigation report and a statement of charges from Landlord, shall pay for the cost of the investigation. Any dispute under this Subsection shall be resolved under the arbitration proceedings set forth in Subsection 11(b). (ad) claims As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of third parties (including governmental agencies) for damages, penalties, response costs, injunctive Maryland or the United States Government or other relief; (b) costs of removal and restorationApplicable Law. The term "Hazardous Material" includes, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of any material or substance which shall be paid by Borrower when incurred. The provisions is (i) designated as a "hazardous substance" pursuant to Section 307 of the foregoing representationsFederal Water Pollution Control Act, warranties and covenants shall not limit the provisions 33 U.S.C. Section 1251 et seq. (33 U.S.C. Section 1317), (ii) defined as a "hazardous waste" pursuant to Section 3001 of the Indemnity Agreement Federal Solid Waste Disposal Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6921), or (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and the rightsLiability Act, remedies and protections herein and therein shall be cumulative42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601), or (iv) petroleum, petroleum product, polychlorinated biphenyls or urea formaldehyde.

Hazardous Materials. Except as set forth in (i) Tenant, at its sole cost, shall comply with all laws relating to the Reports storage, use and disposal of Hazardous Materials (as defined in below). If, during the Deed Term of Trust) and otherwise disclosed to Agentthis Lease, neither Borrower nor Guarantor has Tenant does store, use or dispose of any knowledge Hazardous Materials, Tenant shall provide Landlord with a copy of any Hazardous Materials data sheets, hazardous materials management plans ("HMMP"), or other reports or documentation relating to Hazardous Materials that have been generatedTenant is required to file with the Redwood City Fire Department or any other governmental agency, releasedif applicable. Such information shall be provided to Landlord (A) within ten (10) days after Lease execution with respect to any Hazardous Materials that are currently used, stored or deposited overdisposed of by Tenant in, beneath on or on from the Land Premises, and (B) promptly following submission of any such HMMP's or other reports or documentation to the applicable governmental agency (but in no event later than five (5) business days after the date of such submission) with respect to any structure located on the Land. No Hazardous Materials will be used first used, stored or disposed of by Tenant in, on or from the Premises after the date of this Lease. Additionally, Tenant shall deliver to Landlord upon Lease execution a comprehensive listing of all Hazardous Materials currently used, stored or disposed of by Tenant in, on or from the Premises ("Hazardous Materials List"). Tenant shall provide an updated Hazardous Materials List to Landlord quarterly throughout the Term of this Lease and at other times within ten (10) business days after Landlord's written request therefor if a current Hazardous Materials List is required by Landlord's lender or a prospective tender. (ii) Notwithstanding anything to the contrary contained in the construction of all or any portion Purchase and Sale Agreement between Landlord and Tenant for the purchase of the ProjectProject by Landlord, norTenant shall be solely responsible for and shall defend, to indemnify and hold Landlord and its Agents harmless from and against any and all liabilities, claims, demands, damages and expenses of any kind or nature, including reasonable attorneys' fees and costs, resulting from, or arising out of, any Hazardous Materials used, stored, released or disposed of in, on or about the best Premises by Tenant, its agents, employees, contractors, invitees or subtenants during the Term of Borrower's knowledge after due inquirythis Lease, has including without limitation, any part of the Land been used for action, proceeding, claim, demand, suit or as a land fillproceeding by any governmental agency, the result of which could impose any liability against Borrower, Agent, Lenders quasi-governmental agency or the Project under any applicable law or regulation, third party (including, without limitation limitation, penalties, fines, clean-up costs, mitigation costs and liens) arising from the laws use, storage, release or disposal of any such Hazardous Materials in, on or about the Premises by Tenant, its agents, employees, contractors, invitees or subtenants. Tenant shall promptly give Landlord written notice of (A) any release or suspected release of any Hazardous Materials in, on, under or adjacent to the Premises of which Tenant has actual knowledge and regulations mentioned that Tenant is required to report to Landlord or any governmental or regulatory agency under applicable laws, and/or (B) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the presence or suspected presence of any Hazardous Materials in, on, under or adjacent to the Premises of which Tenant has actual knowledge. Tenant's obligations hereunder shall survive the termination of this Lease. (iii) Tenant's indemnity obligations under paragraph 11.B.(ii) are subject to the following conditions: (A) Tenant is promptly notified in writing of any such claim(s); (B) Tenant shall have the right to manage the defense of such claim(s) and any settlement negotiations, provided, however, that Tenant shall keep Landlord apprised, on a monthly basis, of the status of any such claims and/or settlement negotiations, and no action may be taken by Tenant which may materially and adversely affect Landlord's rights or obligations without Landlord's consent; (C) Landlord shall cooperate with Tenant in the definition defense and/or settlement of "Hazardous Materials" such claim(s); and (D) subject to the provisions set forth above. Borrower covenants that it in paragraph 11.B.(iv), Tenant shall indemnifyhave the right to direct and manage the removal, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses clean-up and/or remediation (collectively, "ClaimsRemediation") of any Hazardous Materials which may be required under paragraph 11.B.(ii) so long as Tenant is not in default hereunder at the time such Remediation is required and so long as such Remediation is conducted by Tenant in accordance with all applicable laws and governmental regulations. Notwithstanding the foregoing, Landlord shall have the right, in its sole discretion, but without being required to do so, to defend, adjust, settle or compromise any claim, obligation, debt, demand, suit or judgment naming Landlord as a defendant or potentially responsible party arising out of or in connection with the matters covered by Tenant's indemnity and, in such event, Tenant shall reimburse Landlord for all reasonable charges and expenses incurred by Landlord in connection therewith, including reasonable attorneys' fees; provided, however, that Landlord shall not undertake any way relating unilateral action or settlement so long as Tenant or an insurance company, at its or their sole expense, is contesting in good faith, diligently and with continuity such claim, action, obligation, demand or suit, and so long as such claim, action, obligation, demand or suit does not have or threaten to have a material adverse impact on Landlord's assets, reputation or business affairs and does not, in the reasonable judgment of the holder of any deed of trust recorded against the Premises, impair or threaten to impair the value of the security given by Landlord to the pastholder under such deed of trust. Tenant acknowledges that the holder of any deed of trust recorded against the Premises shall have the right, present but not the obligation; to join and participate in any legal proceedings or future presence, removal actions initiated in connection with any claims covered by Tenant's indemnity if the holder of such deed of trust has a reasonable basis to believe that its security under the deed of trust is or disposal might be impaired by such claims or if Landlord is in default under the terms of the deed of trust. (iv) Tenant shall not commence any Remediation of any Hazardous Materials overpursuant to paragraph 11.B.(ii) unless and until (A) Landlord has reasonably approved the environmental consultant and/or engineering firm that will be engaged to assess the nature and extent of the Hazardous Materials that are present and to complete the Remediation of such Hazardous Materials; (B) Landlord has reasonably approved the scope of work and the proposed methods and timing for completing such Remediation of such Hazardous Materials; and (C) Tenant has provided Landlord with documentary evidence that the governmental agency(ies) with jurisdiction over such matter has/have approved Tenant's proposed plan for Remediation of such Hazardous Materials. If Landlord fails to notify Tenant of Landlord's approval or disapproval of Tenant's environmental consultant and/or engineering firm or Tenant's proposed scope of work and proposed methods for completing any Remediation, beneathwithin thirty (30) days after Landlord's receipt of the above-specified information, Landlord's approval shall be deemed given. Tenant shall complete such Remediation in a diligent manner, in compliance with all applicable laws (including any order issued for such Remediation) and in accordance with applicable governmental standards for such Remediation. Upon completion of such removal, clean-up or other remediation, Tenant shall provide Landlord with a copies of any documentation obtained from any governmental agency(ies) indicating that the required Remediation was completed and accepted by such agency(ies). (v) Landlord and Landlord's designated consultants and, in the event of any default by Landlord under any deed of trust recorded against the Premises, the holder of such deed of trust and its designated consultants, shall have the right to enter the Premises at any time in the case of an emergency, and otherwise at reasonable times with reasonable notice and with reasonable frequency, for the purpose of verifying compliance by Tenant with all applicable laws relating to the storage, use or disposal of Hazardous Materials and, in connection therewith, Landlord or the holder of such deed of trust shall be entitled to employ experts and/or consultants, at such party's sole expense, to advise such party with respect to Tenant's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Materials in, on or from the Premises. Any parties entering the Premises to verify such compliance by Tenant as permitted herein shall, at Tenant's request, first execute and deliver to Tenant a confidentiality agreement substantially in the form attached as EXHIBIT F. If at any time Landlord obtains a phase I environmental site --------- assessment of the Premises or the Property which discloses the presence or possible presence of Hazardous Materials in, on, under or adjacent to the Premises or the Property, and the report generated by the environmental consultant as a result of such site assessment recommends that further testing be conducted on the Project regardless Premises and/or the Property, including invasive testing of whether the soil and groundwater, to determine the nature, location and extent of such presenceHazardous Materials, removal Landlord may cause testing and/or monitoring ▇▇▇▇▇ to be installed on or about the Outside Area and may cause the soil and/or ground water to be tested to detect the presence of Hazardous Materials by the use of such tests as are then customarily used for such purposes, provided that Landlord shall use diligent efforts to minimize any inconvenience or disruption to Tenant's business in connection with such installation and testing. The cost of installing, operating and removing any such ▇▇▇▇▇ shall be paid by the party requesting the same unless Tenant is liable for such costs pursuant to the terms of Tenant's indemnity under paragraph 11.B.(ii), Landlord shall provide Tenant with a copy of any final report generated for Landlord by an environmental consultant in connection with the Premises or the Property. Landlord may, however, require Tenant to execute a reasonable confidentiality agreement prior to delivering copies of any such report to Tenant. (vi) If at any time Landlord determines that Tenant is not in compliance with any laws relating to the storage, use or disposal constitutes a breach of Hazardous Materials, Landlord shall notify Tenant in writing of the representationsspecific laws and the provisions thereof which Landlord believes Tenant has violated. Except in the event of any emergency, warrantiesin which event Tenant shall promptly take appropriate action to correct any violation(s), covenants Tenant shall have thirty (30) days after Landlord's notice to correct any such violation(s); provided, however, that if Tenant or Tenant's environmental consultant disagrees with Landlord's determination that a violation has occurred, Landlord and agreements set forth Tenant shall promptly select an independent environmental consultant or environmental attorney mutually acceptable to Landlord and Tenant to review the alleged violation and the determination of such consultant or attorney shall be binding upon Landlord and Tenant. The cost of such consultant or attorney's services shall be shared equally by Landlord and Tenant. If Landlord and Tenant fail to agree on the independent consultant to be selected for such purposes, the consultant shall be selected in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Landlord agrees that Landlord shall not notify any governmental or regulatory agency of any violation by Tenant of any laws relating to the use, storage or disposal of Hazardous Materials unless (A) Landlord has first notified Tenant in writing of such, violation, and (B)Tenant has failed to notify the appropriate governmental or regulatory agency(ies) to the extent required by applicable laws and to provide Landlord with a copy of any such notice(s). (vii) For the purposes of this SectionLease, the term "Hazardous Materials" shall mean any substance, material or waste which is or becomes regulated by any local government authority, the State of California, or the United States Government, including, but not limited to: , any material or substance which is (a) claims of third parties (including governmental agencies) for damagespetroleum, penalties, response costs, injunctive or other relief; (b) costs asbestos, (c), polychlorinated biphenyls, (d) designated as a "hazardous substance" pursuant to Section 311 of removal the Clean Water Act, 33 U.S.C. 1251 et seq. (33 U.S.C. 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. 1317), (e) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and restorationRecovery Act, including fees 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (f) defined as a "hazardous substance" pursuant to Section 101 of attorneys the Comprehensive Environmental Response, Compensation, and experts and costs of reporting the existence of Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). Nothing contained in this paragraph 11.B. shall be deemed to require Tenant to comply with any Hazardous Materials to any requirements or standards that are stricter than those imposed by applicable governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeregulatory agencies.

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of Hazardous Materials in, on or about the Project: A. Except as set forth in the Reports (as defined in the Deed otherwise permitted pursuant to Section 7.2C below, any handling, transportation, storage, treatment, disposal or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored by Tenant and Tenant’s Agents after the Effective Date in or deposited over, beneath or on the Land or in any structure located on the Land. No Hazardous Materials will be used in the construction of all or any portion of the Project, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or about the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth aboveis strictly prohibited. Borrower covenants that it Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord and hold harmless Landlord from and defend Agent and Lenders from against any and all claimsliabilities, losses, claims, damages, response costs lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses (collectively, "Claims") arising which result from or arise in any manner whatsoever out of or in any way relating to the pastuse, present or future presencestorage, removal treatment, transportation, release, or disposal of any Hazardous Materials over, beneath, in on or on about the Project regardless caused or permitted by Tenant or Tenant’s Agents. B. If the presence of whether Hazardous Materials in, on or about the Project caused or permitted by Tenant or Tenant’s Agents results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such presencecontamination, removal then Tenant shall promptly take any and all action necessary to investigate and remediate such contamination if required by Law or disposal constitutes as a breach condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the representationsProject or any part thereof. Tenant shall further be solely responsible for, warrantiesand shall defend indemnify and hold Landlord and its Agents harmless from and against, covenants all claims, costs and agreements set forth in this Sectionliabilities, including, but not limited to: (a) claims of third parties (including governmental agencies) for damageswithout limitation, penalties, response attorneys’ fees and costs, injunctive arising out of or other relief; in connection with any investigation and remediation required hereunder to return the Project to its condition existing prior to the appearance of such Hazardous Materials. C. Tenant shall give written notice to Landlord as soon as reasonably practicable of (bi) costs any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, and (ii) any contamination of removal and restoration, including fees of attorneys and experts and costs of reporting the existence Project by Hazardous Materials which constitutes a violation of any Hazardous Materials Laws. Tenant may use small quantities of household chemicals such as adhesives, lubricants and cleaning fluids in order to any governmental agency; conduct its business at the Premises and such other Hazardous Materials as are reasonably necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. Any such permitted use of Hazardous Materials shall be undertaken by Tenant, at its sole cost and expense, in strict compliance with all Laws (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' feesHazardous Materials Laws), witness feesincluding the construction of any capital improvements that may be required by reason of such use of Hazardous Materials. At any time during the Lease Term, deposition costsTenant shall within five (5) days after written request therefore received from Landlord, photocopying charges disclose in writing all Hazardous Materials that are being used by Tenant in, on or about the Project, the nature of such use, and other expensesthe manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Project, all and may cause the ground water to be tested to detect the presence of which Hazardous Materials by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such ▇▇▇▇▇ shall be paid by Borrower when incurredTenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Section 7.2A and/or Section 7.2B. E. As used herein, the term “Hazardous Materials” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States government. The provisions term “Hazardous Materials” includes, without limitation, petroleum products, asbestos, PCB’s, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the foregoing representationsCalifornia Administrative Code, warranties and covenants shall not limit the provisions Division 4, Chapter 20, (ii) deemed as a “hazardous waste” pursuant to Section 1004 of the Indemnity Agreement Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law(s)” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the rightsCalifornia Department of Health Services) which regulates the use, remedies and protections herein and therein shall be cumulativestorage, release or disposal of any Hazardous Materials.

Hazardous Materials. Except Lessor represents and warrants that the Property, as set forth in of the Reports (as defined in date of this Lease, is free of hazardous substances including asbestos-containing materials and lead paint, and that the Deed of Trust) and otherwise disclosed Property has never been subject to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored contamination or deposited over, beneath or on the Land or hazardous conditions resulting in any structure located on the Landenvironmental investigation, inquiry, or remediation. No Hazardous Materials Lessor and Lessee agree that each will be used in the construction responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of all common law regulating or any portion imposing standards of liability or standards of conduct with regard to protection of the Projectenvironment or worker health and safety, noras may now or at any time hereafter be in effect, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants extent such apply to that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, party’s activity conducted in or on the Project regardless Property. Lessor and ▇▇▇▇▇▇ agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of whether such presencethe indemnifying party for payment of penalties, removal sanctions, forfeitures, losses, costs or disposal constitutes a damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (''Claims”), to the extent arising from that party's breach of its obligations or representations under this section. Lessor agrees to hold harmless and indemnify Lessee from, and to assume all duties, responsibilities and liabilities at the representationssole cost and expense of Lessor for, warrantiespayment of penalties, covenants and agreements set forth in this Sectionsanctions, includingforfeitures, but not limited to: (a) claims of third parties (including governmental agencies) for losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the effective date of this Agreement or from such contamination caused by the acts or omissions of Lessor during the Term. ▇▇▇▇▇▇ agrees to hold harmless and indemnify Lessor from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Lessee for payment of penalties, response costssanctions, injunctive forfeitures, losses, costs damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the property by ▇▇▇▇▇▇. Unless the result of a hazardous substance release for which Lessee is liable under AS 46.03.822, should Lessee becomes aware of any hazardous substances on the Property, or any environmental, health, or safety condition or matter relating to the Property that renders the condition of the Premises or the Property unsuitable for ▇▇▇▇▇▇’s use, or if ▇▇▇▇▇▇ believes the leasing or continued leasing of the Premises would expose Lessee to undue risks of liability to a government agency or other relief; (b) costs of removal and restorationthird party, including fees of attorneys and experts and costs of reporting Lessee will have the existence of any Hazardous Materials right, in addition to any governmental agency; other rights it may have at law or in equity, to terminate this Lease upon written notice to Lessor. In the event of a material spill of fuel or other hazardous materials on the Premises, Lessee shall promptly notify Lessor and (c) act promptly to contain the spill, repair any damage, absorb and all expenses or obligations incurred atclean up the spill area, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of restore the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativePremises to a condition reasonably satisfactory to Lessor.

Hazardous Materials. Except Landlord and Tenant agree as set forth in follows with respect to the Reports (as defined in the Deed existence or use of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge of any Hazardous Materials that have been generated, released, stored or deposited over, beneath or on the Land Project: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Project shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any structure located manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Project by Tenant or Tenant’s Agents after the Effective Date. B. If the presence of Hazardous Materials on the Land. No Hazardous Materials will be used Project caused or permitted by Tenant or Tenant’s Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the construction of levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all or any portion of the Project, nor, action necessary to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for investigate and remediate such contamination if required by Law or as a land fill, condition to the result issuance or continuing effectiveness of any governmental approval which could impose any liability against Borrower, Agent, Lenders or relates to the use of the Project under or any applicable law or regulationpart thereof. Tenant shall further be solely responsible for, includingand shall defend, without limitation the laws indemnify and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnifyhold Landlord and its agents harmless from and against, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectivelyliabilities, "Claims") including attorneys’ fees and costs, arising out of or in connection with any way relating investigation and remediation required hereunder to return the Project to its condition existing prior to the pastappearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Project, present or future presence, removal or disposal and (ii) any contamination of the Project by Hazardous Materials which constitutes a violation of any Hazardous Materials overLaw. Tenant may use small quantities of household chemicals such as adhesives, beneathlubricants, and cleaning fluids in or order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall, within five days after written request therefore received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Project regardless Project, the nature of whether such presenceuse, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies manner of storage and protections herein and therein shall be cumulativedisposal.

Hazardous Materials. Except The parties agree as set forth follows with respect to the existence or the use of hazardous material on the Premises: A. Tenant shall have no obligations to “clean up”, to comply with any law regarding, or to reimburse, release, indemnify, or defend Landlord with respect to any hazardous materials or wastes which Tenant or other parties on the Premises did not store, dispose, or transport in, use, or cause to be on the Premises in violation of applicable law during the term of this Lease. Any handling, transportation, storage, treatment, disposal or use of hazardous materials by Tenant or other parties in or about the Premises during the term of this Lease shall strictly comply with all applicable laws and regulations. Tenant will be 100 percent liable and responsible for any and all “clean up” of said toxic waste and/or hazardous materials contamination which Tenant, its agents, or future subtenants, if any, does store, dispose, or transport in, use or cause to be on the Premises in violation of applicable law or governing agency(s) or which originate on Premises, during the term of this Lease from any manner whatsoever, including but not limited to, dumping by others, (or which originate on the surface of the Premises any time after October 28, 1989, the date the Option Agreement dated October 31, 1989 related to said Lease was executed by all parties, and before the Commencement Date of this Lease, but excluding Hazardous Materials on the Premises prior to the Lease Commencement Date because of the storage, use, disposal, or transportation of such materials or waste by any of Landlord’s contractors or otherwise arising out of construction work performed by or under the direction of Landlord on the Premises and Landlord shall be responsible for all required actions with respect to such materials or wastes), and will indemnify Landlord and hold Landlord harmless from any liabilities, demands, costs, expenses and damages, including attorney fees incurred as a result of any claims resulting from such contamination, or from any claims for personal injury or property damage or diminution in the Reports (as defined in value of the Deed Premises caused by the use, storage, disposal or transportation of Trust) hazardous materials on the Premises by Tenant or other parties during the term of this Lease. It is agreed that the Tenant’s responsibilities related to toxic waste and otherwise disclosed hazardous materials will survive the termination date of the Lease. Tenant agrees to Agent, neither Borrower nor Guarantor has any knowledge complete compliance with governmental regulations regarding use or removal or remediation of any Hazardous Materials that have been generatedused, releasedstored, stored disposed, transported or deposited over, beneath or caused to be on the Land Premises by Tenant or in any structure located its agents or subtenants, or which originate on the LandPremises during the term of this Lease, and prior to the termination of said Lease Tenant agrees to follow the proper closure procedures and will obtain a clearance from the local fire department and/or the appropriate city agency. No Hazardous Materials will be used in Tenant also agrees to install such toxic waste and/or hazardous materials monitoring devices as Landlord reasonably deems necessary to monitor any use of hazardous materials by Tenant, its agents or subtenants, originating from the construction Premises during the Lease term, if recommended by a qualified environmental consulting firm. B. Landlord hereby makes the following representations to Tenant, each of all or any portion of the Project, nor, which is made only to the best of Borrower's Landlord’s knowledge after due inquiry, has any part as of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, includingdate Landlord executes this Lease, without limitation any inquiry or investigation having been made or required by Landlord regarding this subject, nor does Landlord have any obligation to investigate or make inquiry regarding the subject: (1) The soil and ground water on or under the Premises does not contain hazardous materials in amounts which violate any laws and regulations mentioned in to the definition extent that any governmental entity could require either Landlord or Tenant to take any remedial action with respect to such hazardous materials. (2) During the time that Landlord has owned the Premises, Landlord has received no notice of "Hazardous Materials" set forth above. Borrower covenants (i) any violation, or alleged violation, of any law that it shall indemnifyhas not been corrected to the satisfaction of the appropriate authority, hold harmless and defend Agent and Lenders from (ii) any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way pending claims relating to the pastpresence of hazardous material on the Premises, present or future presence(iii) any pending investigation by any governmental agency concerning the Premises relating to hazardous materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning hazardous materials which relates to the Premises, removal or disposal and (ii) any contamination of the Premises by hazardous materials which constitutes a violation of any Hazardous Materials overlaw. Attached as Exhibit “C” hereto is a list of hazardous materials that Tenant intends to use at the Premises. If during the Lease term Tenant proposes to use other hazardous materials at the Premises, beneathTenant shall inform Landlord of such use, identifying the hazardous materials and the manner of their use, storage and disposal, and shall agree (i) to use, store and dispose of such materials strictly in or on compliance with all laws and (ii) that the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements indemnity set forth in Paragraph 44A shall be applicable to Tenant’s use of such material. D. Landlord or Tenant may, at any time, cause testing w▇▇▇▇ to be installed on the Premises, and may cause the ground water to be tested to detect the presence of hazardous material by the use of such tests as are then customarily used for such purposes. Testing w▇▇▇▇ installed by Tenant shall be paid for by Tenant. If tests conducted by Landlord disclose that Tenant has violated any hazardous materials laws, or Tenant or parties on the Premises during the term of this SectionLease have contaminated the Premises as determined by regulatory agencies pursuant to hazardous materials laws, includingor that Tenant has liability to Landlord pursuant to Paragraph 44A, but then Tenant shall pay for 100 percent of the cost of the test and all related expense. Prior to the expiration of the Lease term, Tenant shall remove any testing w▇▇▇▇ it has installed at the Premises, and return the Premises to the condition existing prior to the installation of such w▇▇▇▇, unless Landlord requests in writing that Tenant leave all or some of the testing w▇▇▇▇ in which instance the w▇▇▇▇ requested to be left shall not limited to:be removed. (a) claims of third parties (including governmental agencies) for damagesE. If any tests performed by Tenant or Landlord prior to the Commencement Date disclose hazardous materials at the Premises, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting Landlord at its expense will promptly take all reasonable action required by law with respect to the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred at, before and after any trial or appeal therefrom, including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges and other expenses, all of which shall be paid by Borrower when incurredsuch materials at the Premises. The provisions Commencement Date shall not be delayed because of such action by Landlord unless occupation of the foregoing representations, warranties Premises is prohibited by law. F. The obligations of Landlord and covenants Tenant under this Paragraph 44 shall not limit survive the provisions expiration or earlier termination of the Indemnity Agreement term of this Lease. The rights and the rights, remedies obligations of Landlord and protections herein and therein shall be cumulativeTenant with respect to issues relating to hazardous materials are exclusively established by this Paragraph 44.

Hazardous Materials. Except as set forth in the Reports Lessee shall not cause or permit any Hazardous Materials (as defined hereinafter defined) to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, without the prior written consent of Lessor, which consent may be withheld in the Deed of Trust) Lessor's reasonable discretion. Lessee shall comply with all local, state, or federal rules, regulations, statutes, or ordinances concerning use, storage, and otherwise disclosed to Agent, neither Borrower nor Guarantor has any knowledge disposal of any Hazardous Materials that have been brought onto, used, or stored on the Property following consent. Upon expiration or sooner termination of this Lease, Lessee covenants to remove from the Property, at its sole cost and expense, any and all Hazardous Materials brought upon, stored, used, generated, released, stored or deposited over, beneath or on released into the Land or in any structure environment during the term of this Lease and still located on the LandProperty, by Lessee or Lessee's agents, employees, assignees, contractors, or invitees. No Hazardous Materials will be used in To the construction of all or any portion of the Projectfullest extent permitted by law, nor, each party hereto hereby agrees to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, defend, protect, and hold harmless the other party hereto and defend Agent its agents, and Lenders respective successors and permitted assigns, from any and all claims, lossesjudgments, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response fines, costs, injunctive liabilities, and losses incurred by or other relief; assessed against the indemnified party that arise during or after the term hereof directly or indirectly from the presence of Hazardous Materials on, in, or about the Property which is or was caused or permitted by such indemnifying party or its agents, employees, invitees, or contractors during the term hereof. As used in this Lease, the term "Hazardous Materials" shall include any hazardous or toxic materials, substances, or wastes including (a) any materials, substances, or wastes that are toxic, ignitable, corrosive, or reactive and that are regulated by any local governmental authority, any agency of the State of Nebraska, or any agency of the United States Government, (b) costs of removal and restorationpetroleum or petroleum-based products, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any and all expenses or obligations incurred aturea formaldehyde foam insulation, before and after any trial or appeal therefrom(d) polychlorinated biphenyls (PCBs), including without limitation, attorneys' fees, witness fees, deposition costs, photocopying charges (e) freon and other expenseschlorofluorocarbons, all of which and (f) asbestos and asbestos-containing materials. In no event shall be paid by Borrower when incurred. The provisions of the foregoing representations, warranties and covenants shall not limit the provisions of the Indemnity Agreement and the rights, remedies and protections herein and therein shall be cumulativeHazardous Materials include office supplies.