Common use of Prohibition/Compliance Clause in Contracts

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, or used in or about the Premises, the Project, or the Site in violation of applicable law. If Tenant breaches the obligation stated in the preceding sentence, if the presence of Hazardous Materials permitted by Tenant results in contamination of the Premises, the Project the Site, or any adjacent property (including the Additional Site), or if any contamination of tine Premises, Project, Site, or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenant, Tenant shall indemnify, defend, and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims and Legal Fees) that arise before or after the expiration or earlier termination of this Lease as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil, or ground water above, on, or under the Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within the Premises, the Project, the Site, or any adjacent property (including the Additional Site) caused or permitted by Tenant results in any contamination of the Premises, the Project, the Site, or any adjacent property (including the Additional Site), Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Project, the Site, or any adjacent property (including the Additional Site) to the condition existing prior to the time of such contamination, provided that Landlord’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Project, or the Site.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, or used used, stored, handled, treated, generated in or about the Premisesabout, or released or disposed of from, the Project, Premises or the Site Project in violation of applicable lawEnvironmental Requirements (as hereinafter defined) by Tenant or any Tenant Party. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant in the Premises during the Term or any holding over results in contamination of the Premises, the Project the Site, or any adjacent property (including the Additional Site), or if any contamination of tine the Premises, Project, Site, the Project or any adjacent property (including by Hazardous Materials brought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered Premises by anyone other than Landlord and Landlord’s employees, agents and contractors otherwise occurs during the Term or any Term Extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenantover, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the Premises or the Project, or the loss of, or restriction on, use of the Premises or any portion of the Project), damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Projectexpenses (including, damages arising from any adverse impact on marketing of space in the Premises or the Projectwithout limitation, increase in the cost of designingattorneys’, constructingconsultants’ and experts’ fees, or permitting any additional improvements within the Project, court costs and sums amounts paid in settlement of any claims and Legal Feesor actions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the environment, water tables or natural resources), liabilities or losses (collectively, “Environmental Claims”) that which arise before during or after the expiration or earlier termination of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remedial, removal, or restoration work required by any federal, state or local Governmental Authority because of Hazardous Materials present in the air, soil, soil or ground water above, on, or under the Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the Premises, the Project, the Site, Project or any adjacent property (including the Additional Site) caused or permitted by Tenant or any Tenant Party results in any contamination of the Premises, the Project, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense and in accordance with applicable Environmental Requirements as are necessary to return the Premises, the Project, the Site, Project or any adjacent property (including the Additional Site) to the condition existing prior to the time of such contamination, provided that Landlord’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Premises or the Project. Notwithstanding anything to the contrary contained in this Section 30(a), Tenant shall not be responsible for the clean up or remediation of, and the Siteindemnification and hold harmless obligation set forth in this paragraph shall not apply to contamination on the Project or in the Premises that Tenant can demonstrate to Landlord’s reasonable satisfaction was present on the Project or in the Premises prior to the date of this Lease, except in any case to the extent Tenant and/or any of the Tenant Parties have exacerbated or contributed to such contamination, and provided that it is understood that Tenant shall have the burden of proof with respect to whether such contamination was present on the Project or in the Premises prior to the date of this Lease.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials Material (as hereinafter defined) to be brought upon, kept, kept or used in or about the Premises, the Project, Premises or the Site Project in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant results in unlawful contamination of the Premises, the Building, the Project the Site, or any adjacent property (including the Additional Site), or if any unlawful contamination of tine the Premises, Projectthe Building, Site, the Project or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered by Hazardous Material otherwise occurs during the Term term of this Lease or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenanthereunder, then Tenant shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, damages penalties, fines, costs, liabilities, liabilities or losses (including, including without limitation, limitation diminution in value of the Premises or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, attorneys' fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. For the purpose of this Section 6.2, unlawful contamination is Hazardous Material which violates any applicable local, state or federal laws or any regulations or standards promulgated thereunder, including requirements or standards imposed by any governmental agency or by governmental order or court having jurisdiction over the Project. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or of any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials Material present in the air, soil, soil or ground water above, on, above on or under the Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within Material on the Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any unlawful contamination of the Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return ensure the Premises, the ProjectBuilding, the Site, Project or any adjacent property (meets all applicable local, state and federal laws and any regulations or standards promulgated thereunder, in effect now or in the future, including requirements by any governmental agency or imposed by any governmental order or court having jurisdiction over the Additional Site) to the condition existing prior to the time of such contaminationproject, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Project, Building or the SiteProject.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall Atossa will not cause or permit any Hazardous Materials to be brought upon, kept, or used used, stored, handled, treated, generated in or about about, or released or disposed of from, the Subleased Premises, the Project, FHCRC’s Premises or the Site Project in violation of applicable lawEnvironmental Requirements by Atossa or any Atossa Party. If Tenant Atossa breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant results Atossa’s acts or omissions result in contamination of the Subleased Premises, FHCRC’s Premises, the Project or any adjacent property, or if contamination of the SiteSubleased Premises, FHCRC’s Premises, the Project or any adjacent property (including the Additional Site)by Hazardous Materials brought into, kept, used, stored, handled, treated, generated in or about, or if any contamination released or disposed of tine Premisesfrom, Project, Site, the Subleased Premises by Atossa or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered Atossa Party occurs during the Sublease Term or any Term Extension or renewal hereof or holding over hereunder over, Atossa hereby indemnifies and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenantwill defend and hold FHCRC, Tenant shall indemnifyMaster Landlord and their respective agents, defendtenants, and hold Landlordcontractors, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including without limitation punitive damages and damages based upon diminution in value of the Subleased Premises, FHCRC’s Premises or the Project or the loss of, or restriction on, use of the Subleased Premises, FHCRC’s Premises or any portion of the Project), damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Projectexpenses (including, damages arising from any adverse impact on marketing of space in the Premises or the Projectwithout limitation, increase in the cost of designingattorneys’, constructingconsultants’ and experts’ fees, or permitting any additional improvements within the Project, court costs and sums amounts paid in settlement of any claims and Legal Feesor actions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the environment, water tables or natural resources), liabilities or losses (collectively, “Environmental Claims”) that which arise before during or after the expiration or earlier termination of this Lease Sublease Term as a result of such contamination. This indemnification of FHCRC and Master Landlord by Tenant Atossa includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, above on or under the Subleased Premises, FHCRC’s Premises, the Project, the Site, Project or any adjacent property (including the Additional Site)caused or permitted by Atossa or any Atossa Party. Without limiting the foregoing, if the presence of any Hazardous Materials within on the Subleased Premises, FHCRC’s Premises, the Project, the Site, Project or any adjacent property (including the Additional Site) property, caused or permitted by Tenant Atossa or any Atossa Party results in any contamination of the Subleased Premises, FHCRC’s Premises, the Project, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall Atossa will promptly take all actions at its sole expense and in accordance with applicable Environmental Requirements as are necessary to return the Subleased Premises, FHCRC’s Premises, the Project, the Site, Project or any adjacent property (including the Additional Site) property, to the condition existing prior to the time of such contamination, provided that FHCRC’s and Master Landlord’s approval of such action shall must first be obtained, which approval shall will not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Subleased Premises, FHCRC’s Premises or the Project, or the Site.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Demised Premises, the Project, Building or the Site Project in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant in or on the Demised Premises, the Building or the Land results in contamination of the Demised Premises, the Building, the Project the Site, or any adjacent property (including the Additional Site), or if any contamination of tine the Demised Premises, Project, Site, the Building or the Land by Hazardous Materials otherwise occurs during the term of this Lease or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenanthereunder, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses actually incurred (including, without limitation, diminution in value of the Demised Premises or any portion of the Building or the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises Demised Premises, the Building or the Project, damages arising from any adverse impact on marketing of space in the Premises Demised Premises, the Building or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, including reasonable attorneys' fees, consultant fees and Legal Feesexpert fees actually incurred) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, reasonable costs actually incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, above on or under the Demised Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, the Project, Building or the SiteProject.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Premises, the Project, Premises or the Site Project by Tenant, its agents, employees, contractors or invitees in violation of applicable law. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted brought upon, kept or used in or about the Premises or the Project by Tenant Tenant, its agents; employees, contractors or invitees results in contamination of the Premises, the Project the Site, or any adjacent property (including the Additional Site), or if any contamination of tine the Premises, Project, Site, the Project or any adjacent property (including by Hazardous Materials brought upon, kept or used in or about the Additional Site) that is not expressly identified Premises or the Project in the Environmental Information (“Previously Unknown Contamination”) is discovered violation of applicable law by Tenant, its agents, employees, contractors or invitees otherwise occurs during the Term term of this Lease or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenanthereunder, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, attorneys' fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials brought upon, kept or used in or about the Premises or the Project by Tenant, its agents, employees, contractors or invitees present in the air, soil, soil or ground water above, on, above on or under the Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Premises, the Project, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Project, the Site, Project or any adjacent property (including the Additional Site) property, to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Premises or the Project, or the Site.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Demised Premises, the Project, Building or the Site Project in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant results in contamination of the Demised Premises, the Building, the Project the Site, or any adjacent property (including the Additional Site), or if any contamination of tine the Demised Premises, Projectthe Building, Site, the Project or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered by Hazardous Materials otherwise occurs during the Term term of this Lease or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenanthereunder, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Demised Premises or any portion of the building or the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises Demised Premises, the Building or the Project, damages arising from any adverse impact on marketing of space in the Premises Demised Premises, the Building or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, reasonable attorneys' fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, above on or under the Demised Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, the Project, Building or the SiteProject.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “shall not cause any Hazardous Materials” Material (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, kept or used in or about the Premises, the Project, Demised Premises or the Site Project in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding preceeding sentence, or if the presence of Hazardous Materials permitted by Tenant Tenant's acts or omissions results in contamination of the Demised Premises, the Building, the Project the Site, or any adjacent property (including the Additional Site), Property or if any contamination of tine the Demised Premises, Projectthe Building, Site, the Project or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered Property by Hazardous Material otherwise occurs during the Term term of this Lease or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date hereunder, by reason of Tenant's acts or is attributable solely to the actions or omissions of a person or entity other than Tenantomissions, then Tenant shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, including without limitation, limitation diminution in value of the Demised Premises or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Demised Premises or the Project, damages arising from any adverse impact on marketing of space in the Demised Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, attorneys' fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials Material present in the air, soil, soil or ground water above, on, above on or under the Demised Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within Material on the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) Property, caused or permitted by Tenant results in any contamination of the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site)Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) Property, to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, the Building or the Project. To the best knowlege of Landlord, except as disclosed to Tenant in those certain reports identified on Exhibit J attached hereto, (i) no Hazardous Materials are present on the soil, surface water or groundwater thereof, (ii) no underground storage tanks or asbestos containing building materials are present on the Project, and (iii) no action, proceeding, or claim is pending or threatened concerning the Project concerning any Hazardous Materials or pursuant to any Laws regarding Hazardous Materials ("Hazardous Materials Laws"). Landlord shall comply with any Hazardous Materials Laws relating to any Hazardous Material present at any time on or about the Demised Premises or the Project, or the Site.soil, air, improvements, groundwater or surface water thereof, except to the extent that such Hazardous Material is released, emitted or aggregated on or about the Project by Tenant or Tenant's employees or agents, by other tenants of the Building, or by third parties. Upon Tenant taking possession of any Suite improved with laboratory improvements, Landlord shall provide Tenant with a letter report prepared by a reputable environmental engineering firm, describing the environmental condition of the Suite at time of delivery to Tenant which shall be used by Landlord to establish that the Suite was delivered to Tenant free of Hazardous Materials, except as may be set forth in the report. As used herein, the phrase

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent Subject to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoingSection 40.2, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Demised Premises, the Project, Building or the Site Land in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant results in contamination during the term of the Premises, the Project the Site, this Lease or any adjacent property (including the Additional Site), or if any contamination of tine Premises, Project, Site, or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at results in the Site before contamination of the Effective Date Demised Premises, the Building, the Land or is attributable solely to the actions or omissions of a person or entity other than Tenantany adjacent property, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Demised Premises or any portion of the ProjectBuilding or Land, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Demised Premises or the ProjectBuilding, damages arising from any adverse impact on marketing of space in the Demised Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the ProjectBuilding, and sums paid in settlement of claims claims, attorneys’ fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, above on or under the Demised Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the Demised Premises, the ProjectBuilding, the Site, Land or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Demised Premises, the ProjectBuilding, the Site, Land or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Demised Premises, the ProjectBuilding, the Site, Land or any adjacent property (including the Additional Site) to the condition existing prior to the time of such contamination, provided that Landlord’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld withheld, conditioned or delayed, so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, the Project, Building or the SiteLand; provided, however, that Tenant shall have no obligation to take any action with respect to any adjacent property until such time as a claim is made by a party in interest of any such adjacent property.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the PremisesDemised Premises (including without limitation, the ProjectStorage Area), the Building or the Site Project in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant in or on the Demised Premises (including without limitation the Storage Area), the Building or the Land results in contamination of the Demised Premises, the Building, the Project the Site, or any adjacent property (including the Additional Site), or if any contamination of tine the Demised Premises, Project, Site, the Building or the Land by Hazardous Materials otherwise occurs during the term of this Lease or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenanthereunder, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses actually incurred (including, without limitation, diminution in value of the Demised Premises or any portion of the Building or the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises Demised Premises, the Building or the Project, damages arising from any adverse impact on marketing of space in the Premises Demised Premises, the Building or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, including reasonable attorneys' fees, consultant fees and Legal Feesexpert fees actually incurred) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, reasonable costs actually incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, above on or under the Demised Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the Demised Premises, the ProjectBuilding, the Site, or any adjacent property (including the Additional Site) caused or permitted by Tenant results in any contamination of the Premises, the Project, the Site, or any adjacent property (including the Additional Site), Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Project, the Site, or any adjacent property (including the Additional Site) to the condition existing prior to the time of such contamination, provided that Landlord’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Project, or the Site.the

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Premises, the Project, Premises or the Site Project in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted brought upon, kept or used in or about the Premises or the Project by Tenant any person other than Landlord, its agents, employees, contractors or invitees results in contamination of the Premises, the Project the Site, or any adjacent property (including during the Additional Site), or if any contamination term of tine Premises, Project, Site, this Lease or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenanthereunder, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, attorneys' fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, or under the Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the Premises, the Project, the Site, Project or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Premises, the Project, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall promptly and diligently take all actions at its sole expense as are necessary to return the Premises, the Project, the Site, Project or any adjacent property (including the Additional Site) property, as nearly as reasonably practical to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, Premises or the Project, or the Site.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Premises, the Project, Building or the Site Common Areas in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant results in contamination of the PremisesBuilding, the Project the Site, Common Areas or any adjacent property (including the Additional Site), or if any contamination of tine Premisesthe Building, Project, Site, the Common Areas or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered by Hazardous Materials otherwise occurs during the Term term of this Lease or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely other than due to the actions or omissions affirmative act of a person or entity other than TenantARE-702 Electronic Drive, L.P., Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Demised Premises or any portion of the ProjectBuilding or the Common Areas, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or Demised Premises, the Project, damages arising from any adverse impact on marketing of space in the Premises Demised Premises, the Building or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the ProjectCommon Areas, and sums paid in settlement of claims claims, attorneys' fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, above on or under the Demised Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the PremisesBuilding, the Project, the Site, Common Areas or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the PremisesBuilding, the Project, the Site, Common Areas or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the PremisesBuilding, the Project, the Site, Common Areas or any adjacent property (including the Additional Site) property, to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Project, Building or the SiteCommon Areas.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent Subject to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoingSection 40.2, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Demised Premises, the Project, Building or the Site Land in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant results in contamination during the term of the Premises, the Project the Site, this Lease or any adjacent property (including the Additional Site), or if any contamination of tine Premises, Project, Site, or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at results in the Site before contamination of the Effective Date Demised Premises, the Building, the Land or is attributable solely to the actions or omissions of a person or entity other than Tenantany adjacent property, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Demised Premises or any portion of the ProjectBuilding or Land, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Demised Premises or the ProjectBuilding, damages arising from any adverse impact on marketing of space in the Demised Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the ProjectBuilding, and sums paid in settlement of claims claims, attorneys' fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, above on or under the Demised Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the Demised Premises, the ProjectBuilding, the Site, Land or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Demised Premises, the ProjectBuilding, the Site, Land or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Demised Premises, the ProjectBuilding, the Site, Land or any adjacent property (including the Additional Site) to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld withheld, conditioned or delayed, so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, the Project, Building or the SiteLand; provided, however, that Tenant shall have no obligation to take any action with respect to any adjacent property until such time as a claim is made by a party in interest of any such adjacent property.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 to the Lease (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) ). A list of the documents containing the Environmental Information is attached hereto as Exhibit L. L to the Lease and as Attachment B to this First Amendment and incorporated herein by reference. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing ContaminationContamination (as defined in the Ground Lease). In addition to the forgoingforegoing, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, or used in or about the Premises, the Project, or the Site in violation of applicable law. If (i) Tenant breaches the obligation stated in the preceding sentence, if or (ii) the presence of Hazardous Materials permitted released by Tenant results in contamination of the Premises, the Project Project, the Site, or any adjacent property (including the Additional Site), or if (iii) any contamination of tine the Premises, Project, Site, Site or any adjacent property (including the Additional Site) comprised of any Hazardous Materials brought onto the Premises by Tenant on or after the Assignment Date, that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension or renewal hereof or holding over hereunder and until the Tenant cannot can demonstrate that such Previously Unknown Contamination was present at the Premises, the Project, Site or any adjacent property before the Effective Assignment Date or is attributable solely to the actions or omissions of a person or entity other than Tenant, or (iv) any Hazardous Materials contamination of the Premises, Project, Site or any adjacent property is exacerbated, aggravated or contributed to by Tenant, then, to the extent of such exacerbation, aggravation, or contribution, Tenant shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses arising as a result of such contamination (including, without limitation, diminution in value of the Premises or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims and Legal Fees) that arise before or after the expiration or earlier termination of this Lease as a result of such contamination). This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil, or ground water above, on, or under the Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any the Hazardous Materials within the Premises, the Project, the Site, or any adjacent property (including the Additional Site) caused or permitted by Tenant results in any contamination of the Premises, the Project, the Site, or any adjacent property (including the Additional Site), Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Project, the Site, or any adjacent property (including the Additional Site) to the condition condition, as near as possible, existing prior to the time of such contamination, provided that Landlord’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Project, or the SiteSite (provided, however, that it shall be unreasonable for Landlord to delay or to withhold its approval in any manner that would conflict or be consistent with, or otherwise frustrate, any directive or requirement of any Governmental Authority with regard to such action).

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Premises, the Project, Demised Premises or the Site Building except in violation the ordinary course of applicable lawTenant's business and in compliance with all Applicable Law by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant results in contamination of the Premises, Demised Premises or the Project the Site, Building or any adjacent property (including the Additional Site), or if any contamination of tine Premises, Project, Site, the Demised Premises or the Building or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered by Hazardous Materials otherwise occurs during the Term term of this Lease or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenanthereunder, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Demised Premises or any portion of the ProjectBuilding, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Demised Premises or the ProjectBuilding, damages arising from any adverse impact on marketing of space in the Demised Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the ProjectBuilding, and sums paid in settlement of claims claims, attorneys' fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, above on or under the Demised Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on or in the Premises, Demised Premises or the Project, the Site, Building or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Premises, Demised Premises or the Project, the Site, Building or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, Demised Premises or the Project, the Site, Building or any adjacent property (including the Additional Site) property, to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Project, Demised Premises or the SiteBuilding.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials Material (as hereinafter defined) to be brought upon, kept, kept or used in or about the Demised Premises, the Project, Building or the Site Project in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant results in contamination of the Demised Premises, the Building, the Project or any adjacent property, or if contamination of the SiteDemised Premises, the Building, the Project or any adjacent property (including by Hazardous Material otherwise occurs during the Additional Site), or if any contamination term of tine Premises, Project, Site, this Lease or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension extension or renewal hereof or holding over hereunder and which is caused by any act or omission of Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions its agents, employees or omissions of a person or entity other than Tenantcontractors, then Tenant shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages (other than special or speculative damages), penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises Demised Premises, the Building or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises Demised Premises, the Building or the Project, damages arising from any adverse impact on marketing of space in the Premises Demised Premises, the Building or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, reasonable attorneys’ fees, reasonable consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials Material present in the air, soil, soil or ground water above, on, above on or under the PremisesDemised Premises which is caused by any act or omission of Tenant or its agents, the Project, the Site, employees or any adjacent property (including the Additional Site)contractors. Without limiting the foregoing, if the presence of any Hazardous Materials within Material on the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) to the condition existing prior to the time of such contamination, provided that Landlord’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld withheld, delayed or conditioned so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, the Building or the Project. Landlord shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept or used in or about the Demised Premises, the Building, the Land or the Project in violation of applicable law. Landlord agrees to remove or relocate, as and to the extent required by the Maryland Department of the Environment, at Landlord’s expense prior to the Term Commencement Date, all existing ground water monitoring xxxxx located at the Project. Landlord shall, prior to acquisition of the Project, or apply to the SiteEnvironmental Protection Agency to have the Project removed from the RCRA generator data base, and shall thereafter diligently prosecute such application to completion.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials Material (as hereinafter defined) to be brought upon, kept, kept or used in or about the Demised Premises, the Project, Building or the Site Project in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant results in contamination of the Demised Premises, the Building, the Project or any adjacent property, or if contamination of the SiteDemised Premises, the Building, the Project or any adjacent property (including by Hazardous Material otherwise occurs during the Additional Site), or if any contamination term of tine Premises, Project, Site, this Lease or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension extension or renewal hereof or holding over hereunder and which is caused by any act or omission of Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions its agents, employees or omissions of a person or entity other than Tenantcontractors, then Tenant shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages (other than special or speculative damages), penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises Demised Premises, the Building or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises Demised Premises, the Building or the Project, damages arising from any adverse impact on marketing of space in the Premises Demised Premises, the Building or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, reasonable attorneys' fees, reasonable consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials Material present in the air, soil, soil or ground water above, on, above on or under the PremisesDemised Premises which is caused by any act or omission of Tenant or its agents, the Project, the Site, employees or any adjacent property (including the Additional Site)contractors. Without limiting the foregoing, if the presence of any Hazardous Materials within Material on the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld withheld, delayed or conditioned so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, the Building or the Project. Landlord shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept or used in or about the Demised Premises, the Building, the Land or the Project in violation of applicable law. Landlord agrees to remove or relocate, as and to the extent required by the Maryland Department of the Environment, at Landlord's expense prior to the Term Commencement Date, all existing ground water monitoring wellx xxxated at the Project. Landlord shall, prior to acquisition of the Project, or apply to the SiteEnvironmental Protection Agency to have the Project removed from the RCRA generator data base, and shall thereafter diligently prosecute such application to completion.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any ---------------------- Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Demised Premises, the Project, Building or the Site Project in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If (i) Tenant breaches the obligation stated in the preceding sentence, if ; (ii) the presence of Hazardous Materials permitted by Tenant in, on, at, under, above or about the Demised Premises, the Building or the land under the Building (except for Hazardous Materials specifically described in the Environmental Report which shall be the responsibility of Landlord) at any time results in contamination of the Demised Premises, the Building, the Project or any adjacent property; (iii) contamination of the SiteDemised Premises, the Building, the Project or any adjacent property (including by Hazardous Materials is otherwise caused by Tenant or its agents, representatives or invitees during the Additional Site), or if any contamination term of tine Premises, Project, Site, this Lease or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension extension or renewal hereof or holding over hereunder hereunder, then Tenant hereby indemnifies and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenant, Tenant shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Demised Premises or any portion of the Building or the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises Demised Premises, the Building or the Project, damages arising from any adverse impact on marketing of space in the Premises Demised Premises, the Building or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, attorneys' fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, on or under the Demised Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, caused or permitted by Tenant or its agents, representatives or invitees results in any contamination of the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, the Project, Building or the SiteProject.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Demised Premises, the Project, Building or the Site Project in violation of applicable lawlaw by Tenant, its agents, employees, contractors or invitees. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted by Tenant results in contamination of the Demised Premises, the Building, the Project the Site, or any adjacent property (including by Hazardous Materials otherwise occurs during the Additional Site), or if any contamination term of tine Premises, Project, Site, this Lease or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered during the Term or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions as a result of acts or omissions of a person Tenant or entity other than Tenantits agents, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Demised Premises or any portion of the Building or the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises Demised Premises, the Building or the Project, damages arising from any adverse impact on marketing of space in the Premises Demised Premises, the Building or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims claims, attorneys' fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease as a result of term to the extent resulting from such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, on or under the Demised Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within on the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Demised Premises, the ProjectBuilding, the Site, Project or any adjacent property (including the Additional Site) property, to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Demised Premises, the Project, Building or the SiteProject.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “Hazardous Materials” (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “Environmental Information”) A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, kept or used in or about the Premises, the Project, or the Site Premises in violation of applicable law. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials permitted brought on to the Premises by Tenant any person other than Landlord, its employees, agents or contractors, results in contamination of the Premises, the Project the Site, Premises or any adjacent property (including the Additional Site), or if any contamination of tine Premises, Project, Site, the Premises or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“Previously Unknown Contamination”) is discovered by Hazardous Materials otherwise occurs during the Term term of this Lease or any Term Extension extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenanthereunder, Tenant hereby indemnifies and shall indemnify, defend, defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises or any portion of the ProjectPremises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the ProjectPremises, damages arising from any adverse impact on marketing of space in the Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the ProjectPremises, and sums paid in settlement of claims claims, attorneys’ fees, consultant fees and Legal Feesexpert fees) that which arise before during or after the expiration or earlier termination of this Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the air, soil, soil or ground water above, on, above on or under the PremisesPremises caused by any person other than Landlord, the Projectits employees, the Site, agents or any adjacent property (including the Additional Site)contractors. Without limiting the foregoing, if the presence of any Hazardous Materials within on the Premises, the Project, the Site, Premises or any adjacent property (including the Additional Site) property, caused or permitted by Tenant results in any contamination of the Premises, the Project, the Site, Premises or any adjacent property (including the Additional Site)property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Project, the Site, Premises or any adjacent property (including the Additional Site) property, to the condition existing prior to the time of such contamination, provided that Landlord’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises. Subject to any environmental conditions which existed on the Premises on or prior to May 1, 1995, (including any materials, underground tanks or other as yet undiscovered Hazardous Materials located on the ProjectPremises as of such date), Tenant accepts the Premises and agrees for all purposes of this Lease that Tenant is solely responsible for any Hazardous Materials which may have been introduced to the Premises on or after such date. Notwithstanding anything in this Section 39.1 to the Sitecontrary, Tenant shall not be liable for any Hazardous Materials which migrate onto or under the Premises from adjacent property through no act or omission of Tenant.

Prohibition/Compliance. Landlord has provided Tenant with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Additional Site (more fully described in Exhibit A-2 (the “Additional Site”)) that are in Landlord’s 's possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over “"Hazardous Materials” " (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the “"Environmental Information”") A list of the documents containing the Environmental Information is attached hereto as Exhibit L. O. Tenant may request --------- additional environmental testing of the Site at any time during the first 6 months after the Effective Date and, if permitted by the Ground Lessor and actually performed, the information obtained from such additional testing shall be deemed a part of the Environmental Information. Except to the extent payable by a third party (including, without limitation, the Ground Lessor or any previous tenant of the Site), the cost of any additional environmental testing of the Site shall be amortized over a period of 7 years and shall be includable by Landlord as an Operating Expense. Landlord shall not be responsible, and Tenant hereby waives any right to assert any claim against Landlord, for any Pre-Existing Contamination. In addition to the forgoing, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, or used in or about the Premises, the Project, or the Site in violation of applicable law. If Tenant breaches the obligation stated in the preceding sentence, if the presence of Hazardous Materials permitted by Tenant results in contamination of the Premises, the Project Project, the Site, or any adjacent property (including the Additional Site), or if any contamination of tine the Premises, Project, Site, or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information (“"Previously Unknown Contamination”") is discovered during the Term or any Term Extension or renewal hereof or holding over hereunder and Tenant cannot demonstrate that such Previously Unknown Contamination was present at the Site before the Effective Date or is attributable solely to the actions or omissions of a person or entity other than Tenant, Tenant shall indemnify, defend, and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Premises or the Project, increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims and Legal Fees) that arise before or after the expiration or earlier termination of this Lease as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil, or ground water above, on, or under the Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within the Premises, the Project, the Site, or any adjacent property (including the Additional Site) caused or permitted by Tenant results in any contamination of the Premises, the Project, the Site, or any adjacent property (including the Additional Site), Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Project, the Site, or any adjacent property (including the Additional Site) to the condition existing prior to the time of such contamination, provided that Landlord’s 's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Project, or the Site.