Common use of Restriction on Use, Etc Clause in Contracts

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all actions Applicable Laws. During the Term and incur any and other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all expenses, as may be reasonably necessary and as may be required by times free of any Government Agency, Hazardous Substance (i) to clean up and remove from and about the Leased Property except in compliance with all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable LawLaws, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "“Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law Laws and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of Sections 5.1.3 release of Hazardous Substances on or about such Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all actions Applicable Laws. During the Term and incur any and other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all expenses, as may be reasonably necessary and as may be required by times free of any Government Agency, Hazardous Substance (i) to clean up and remove from and about the Leased Property except in compliance with all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "“Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of Sections 5.1.3 release of Hazardous Substances on or about such Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Environmental Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8VIII, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Enxxxxnmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Environmental Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 4.5.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 5.1.5 and Landlord's compliance with its funding obligations under Section 5.1.45.1.5.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all actions Applicable Laws. During the Term and incur any and other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all expenses, as may be reasonably necessary and as may be required by times free of any Government Agency, Hazardous Substance (i) to clean up and remove from and about the Leased Property except in compliance with all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "“Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of Sections 5.1.3 release of Hazardous Substances on or about such Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not, and incur shall not permit any and all expensesPerson to, as may be reasonably necessary and as may be required by any Government Agencystore on, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substances on or about the Leased Property and Substance (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, "each an “Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of Sections 5.1.3 discharge or release of Hazardous Substances on or about such Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(iii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not, and incur shall not permit any and all expensesPerson to, as may be reasonably necessary and as may be required by any Government Agencystore on, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws in all material respects. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substances on or about the Leased Property and Substance (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other similar Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto to Hazardous Substances violations or alleged violations of Applicable Law (collectively, "each an “Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all material Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of Sections 5.1.3 discharge or release of Hazardous Substances on or about such Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(iii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Environmental Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8VIII, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Enviroxxxxtal Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Environmental Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 4.5.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 5.1.5 and Landlord's compliance with its funding obligations under Section 5.1.45.1.5.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions and incur any and all expenses, as may maintain (or shall cause to be reasonably necessary and as may be required by any Government Agency, (imaintained) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased Property pursuant to XXXX Title III or any other Applicable LawLaws, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "“Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law Laws and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of Sections 5.1.3 release of Hazardous Substances on or about the Leased Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions and incur any and all expensesnot store, as may be reasonably necessary and as may be required by any Government Agencyspill upon, (i) dispose of or transfer to clean up and remove or from and about the Leased Property all any Hazardous Substances thereonMaterials, (ii) to contain except that Tenant may store, transfer and prevent any further release or threat of release dispose of Hazardous Substances on or about Materials in compliance with all Environmental Laws. Tenant shall use commercially reasonable efforts to cause Manager to maintain the Leased Property and at all times free of any Hazardous Materials (iii) to use good faith efforts to eliminate any further release or threat of release of except such Hazardous Substances on or about the Leased PropertyMaterials as are maintained in compliance with all Environmental Laws). Tenant shall promptly: promptly (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances Materials at the Leased PropertyProperty of which Tenant has notice or actual knowledge, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Environmental Law, (c) transmit to Landlord copies of any demand letters, complaints or other documents initiating legal action, citations, orders, notices or other governmental material communications asserting claims by private parties or government agencies with respect to Hazardous Materials received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents could give rise to a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an "Environmental Obligation"), (d) use commercially reasonable efforts to cause Manager to observe and comply with all Applicable Environmental Laws relating to the use, maintenance and disposal of Hazardous Substances Materials and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance thereof or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to Section 4.3.2, pay or otherwise dispose of any fine, charge or Imposition imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use use, and the value of of, the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4thereby in any substantial manner.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall direct the Manager to maintain) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) ), subject to the provisions of Article 8, observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to the provisions of Article 8, pay or otherwise dispose of any fine, charge or Imposition related thereto. If, unless Tenant shall at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in good faith accordance with Article 8, Tenant shall take all actions and incur any and all expenses, as are required by any Government Agency and by appropriate proceedings Applicable Law, (i) to clean up and the right to use remove from and the value of about the Leased Property is not materially all Hazardous Substances thereon, (ii) to contain and adversely affected thereby. Tenant's liability prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and obligations pursuant (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all actions Applicable Laws. During the Term and incur any and other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all expenses, as may be reasonably necessary and as may be required by times free of any Government Agency, Hazardous Substance (i) to clean up and remove from and about the Leased Property except in compliance with all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "Environmental NoticeENVIRONMENTAL NOTICE"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental ObligationENVIRONMENTAL OBLIGATION"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant's liability right to contest the same in accordance with ARTICLE 8, Tenant shall take (and obligations pursuant shall cause to the terms be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about such Property and (iii) to the provisions use good faith efforts to eliminate any further release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Environmental Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8VIII, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Environxxxxal Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Environmental Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 4.5.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 5.1.5 and Landlord's compliance with its funding obligations under Section 5.1.45.1.5.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not, and incur shall not permit any and all expensesPerson to, as may be reasonably necessary and as may be required by any Government Agencystore on, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substances on or about the Leased Property and Substance (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, "each an “Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of Sections 5.1.3 discharge or release of Hazardous Substances on or about such Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(iii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not (and shall direct the Manager not to) store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance quantities that are customary in normal operation and maintenance of hotel properties, and then only in compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall take maintain (and shall direct the Manager to maintain) such Property at all actions times free of any Hazardous Substance (except in quantities that are customary in normal operation and incur any maintenance of hotel properties, and then only in compliance with all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know or similar report which is required to be filed by Tenant or the Manager with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Law, and any release notifixxxxon form filed by Tenant or the Manager with respect to the Leased Property pursuant to CERCLA or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its the Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and direct the Manager to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances in amounts or concentrations requiring investigation or cleanup (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's liability and obligations pursuant the Manager's right to contest the terms same in accordance with Article 8, Tenant shall take (and shall direct the Manager to take) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions and incur any and all expenses, as may maintain (or shall cause to be reasonably necessary and as may be required by any Government Agency, (imaintained) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased Property pursuant to XXXX Title III or any other Applicable LawLaws, (c) transmit to Landlord copies of any citations, ; orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "“Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law Laws and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of Sections 5.1.3 release of Hazardous Substances on or about the Leased Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all actions Applicable Laws. During the Term and incur any and other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all expenses, as may be reasonably necessary and as may be required by times free of any Government Agency, Hazardous Substance (i) to clean up and remove from and about the Leased Property except in compliance with all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable LawLaws, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its respective agents or representatives with respect thereto (collectively, "“Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law Laws and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of Sections 5.1.3 release of Hazardous Substances on or about such Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not store, spill upon, dispose of or transfer to or from the Collective Leased Properties any Hazardous Substance, except that Tenant may store, transfer and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release dispose of Hazardous Substances on or about in compliance with all Applicable Laws. Tenant shall maintain the Collective Leased Property and Properties at all times free of any Hazardous Substance (iii) to use good faith efforts to eliminate any further release or threat of release of except such Hazardous Substances on or about the Leased Propertyas are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any of the Collective Leased PropertyProperties, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to any of the Collective Leased Property Properties pursuant to XXXX Title SARA Xxxle III or any other Applicable Law, (c) transmit to Landlord copies of any demand letters, complaints or other documents initiating legal action, citations, orders, notices or other governmental material communications asserting claims by private parties or government agencies with respect to Hazardous Substances received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental NoticeENVIRONMENTAL NOTICE"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents could give rise to a material risk of any material violation of any Applicable Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an "Environmental ObligationENVIRONMENTAL OBLIGATION"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Collective Leased Property Properties is not materially and adversely affected thereby. Tenant's liability If at any time Hazardous Substances are discovered in violation of Applicable Laws on any of the Collective Leased Properties, Tenant shall take all actions and obligations pursuant incur any and all expenses, as may be necessary or as may be required by any Government Agency, (i) to the terms clean up and remove from and about such Leased Properties all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about such Leased Properties and (iii) to the provisions use good faith efforts to eliminate any further release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4release of Hazardous Substances on or about such Leased Properties.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not, and incur shall not permit any and all expensesPerson to, as may be reasonably necessary and as may be required by any Government Agencystore on, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substances on or about the Leased Property and Substance (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX SXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, "Environmental Notice"each an “ENVIRONMENTAL NOTICE”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"“ENVIRONMENTAL OBLIGATION”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the provisions same in accordance with ARTICLE 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of Sections 5.1.3 discharge or release of Hazardous Substances on or about such Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(iii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions and incur any and all expensesnot store, as may be reasonably necessary and as may be required by any Government Agencyspill upon, (i) dispose of or transfer to clean up and remove or from and about the Leased Property all any Hazardous Substances thereonMaterials, (ii) to contain except that Tenant may store, transfer and prevent any further release or threat of release dispose of Hazardous Substances on or about Materials in compliance with all Environmental Laws. Tenant shall use commercially reasonable efforts to cause Manager to maintain the Leased Property and at all times free of any Hazardous Materials (iii) to use good faith efforts to eliminate any further release or threat of release of except such Hazardous Substances on or about the Leased PropertyMaterials as are maintained in compliance with all Environmental Laws). Tenant shall promptly: promptly (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances Materials at the Leased PropertyProperty of which Tenant has notice or actual knowledge, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Environmental Law, (c) transmit to Landlord copies of any demand letters, complaints or other documents initiating legal action, citations, orders, notices or other governmental material communications asserting claims by private parties or government agencies with respect to Hazardous Materials received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental NoticeENVIRONMENTAL NOTICE"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents could give rise to a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an "Environmental ObligationENVIRONMENTAL OBLIGATION"), (d) use commercially reasonable efforts to cause Manager to observe and comply with all Applicable Environmental Laws relating to the use, maintenance and disposal of Hazardous Substances Materials and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance thereof or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to Section 4.3.2, pay or otherwise dispose of any fine, charge or Imposition imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use use, and the value of of, the Leased Property is not materially and adversely affected therebythereby in any substantial manner. Tenant's liability and obligations pursuant to If at any time Hazardous Materials are discovered in violation of Environmental Laws on the terms of this Section 4.3.1 are Leased Property, subject to the provisions of Sections 5.1.3 Section 4.3.2 Tenant shall exercise commercially reasonable efforts to cause Manager to take all actions and 5.1.4 incur any and all expenses (which actions and expenses shall be subject to Landlord's compliance with its funding obligations under Section 5.1.4prior approval, not to be unreasonably withheld, conditioned or delayed except in Emergency Situations, in which case Landlord's prior approval shall not be required) as may be necessary or as may be required by any Government Agency (i) to clean up and remove from and about the Leased Property all Hazardous Materials thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Materials on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Materials on or about the Leased Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not, and incur shall not permit any and all expensesPerson to, as may be reasonably necessary and as may be required by any Government Agencystore on, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substances on or about the Leased Property and Substance (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, each an "Environmental NoticeENVIRONMENTAL NOTICE"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental ObligationENVIRONMENTAL OBLIGATION"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant's liability right to contest the same in accordance with ARTICLE 8, Tenant shall take (and obligations pursuant shall cause to the terms be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of this Section 4.3.1 are subject discharge or release of Hazardous Substances on or about such Property and (iii) to the provisions use good faith efforts to eliminate any further discharge, release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall direct the Manager to maintain) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title SARA Xxxle III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) ), subject to the provisions of Article 8, observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to the provisions of Article 8, pay or otherwise dispose of any fine, charge or Imposition related thereto. If, unless Tenant shall at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in good faith accordance with Article 8, Tenant shall take all actions and incur any and all expenses, as are required by any Government Agency and by appropriate proceedings Applicable Law, (i) to clean up and the right to use remove from and the value of about the Leased Property is not materially all Hazardous Substances thereon, (ii) to contain and adversely affected thereby. Tenant's liability prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and obligations pursuant (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about maintain the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Law, (c) transmit to Landlord copies Landlorx xxpies of any citations, orders, notices or other governmental communications com munications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's liability right to contest the same in accordance with Article 8, Tenant shall take all actions and obligations pursuant incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the terms Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Environmental Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8VIII, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Environmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Environmental Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 4.5.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 5.1.5 and Landlord's compliance with its funding obligations under Section 5.1.45.1.5.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not, and incur shall not permit any and all expensesPerson to, as may be reasonably necessary and as may be required by any Government Agencystore on, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substances on or about the Leased Property and Substance (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, each an "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant's liability right to contest the same in accordance with Article 8, Tenant shall take (and obligations pursuant shall cause to the terms be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of this Section 4.3.1 are subject discharge or release of Hazardous Substances on or about such Property and (iii) to the provisions use good faith efforts to eliminate any further discharge, release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not store, spill upon, dispose of or transfer to or from the Collective Leased Properties any Hazardous Substance, except that Tenant may store, transfer and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release dispose of Hazardous Substances on or about in material compliance with all Applicable Laws. Tenant shall maintain the Collective Leased Property and Properties at all times free of any Hazardous Substance (iii) to use good faith efforts to eliminate any further release or threat of release of except such Hazardous Substances on or about the Leased Propertyas are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any of the Collective Leased Property, Properties to the extent such change violates Applicable Laws; (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to any of the Collective Leased Property Properties pursuant to XXXX SARA Title III or any other Applicable Law, ; (c) transmit to xx Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents could give rise to a material risk of any material violation of any Applicable Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an "Environmental Obligation"), ; (d) observe and comply in all material respects with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, ; and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Collective Leased Property Properties is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances are subject discovered on any of the Collective Leased Properties in violation of Applicable Law, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the provisions Collective Leased Properties all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of Sections 5.1.3 release of Hazardous Substances on or about the Collective Leased Properties and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Collective Leased Properties.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall direct the Manager to maintain) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX SARA Title III or any other anx xxher Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) ), subject to the provisions of Article 8, observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to the provisions of Article 8, pay or otherwise dispose of any fine, charge or Imposition related thereto. If, unless Tenant shall at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in good faith accordance with Article 8, Tenant shall take all actions and incur any and all expenses, as are required by any Government Agency and by appropriate proceedings Applicable Law, (i) to clean up and the right to use remove from and the value of about the Leased Property is not materially all Hazardous Substances thereon, (ii) to contain and adversely affected thereby. Tenant's liability prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and obligations pursuant (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Environmental Laws) are discovered on the Leased Property, subject to TenantLessee's right to contest the same in accordance with Article 8VIII, Tenant Lessee shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant Lessee shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord Lessor in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord Lessor a copy of any Community Right to Know report which is required to be filed by Tenant Lessee with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Exxxxonmental Law, (c) transmit to Landlord Lessor copies of any citations, orders, notices or other governmental communications received by Tenant Lessee or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Environmental Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant Lessee shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not store, spill upon, dispose of or transfer to or from the Collective Leased Properties any Hazardous Substance, except that Tenant may store, transfer and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release dispose of Hazardous Substances on or about in material compliance with all Applicable Laws. Tenant shall maintain the Collective Leased Property and Properties at all times free of any Hazardous Substance (iii) to use good faith efforts to eliminate any further release or threat of release of except such Hazardous Substances on or about the Leased Propertyas are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any of the Collective Leased Property, Properties to the extent such change violates Applicable Laws; (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to any of the Collective Leased Property Properties pursuant to XXXX Title III or any other Applicable Law, ; (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents could give rise to a material risk of any material violation of any Applicable Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an "Environmental Obligation"), ; (d) observe and comply in all material respects with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, ; and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Collective Leased Property Properties is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances are subject discovered on any of the Collective Leased Properties in violation of Applicable Law, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the provisions Collective Leased Properties all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of Sections 5.1.3 release of Hazardous Substances on or about the Collective Leased Properties and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Collective Leased Properties.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Law, (c) transmit to Landlord tx Xxndlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all actions Applicable Laws. During the Term and incur any and other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all expenses, as may be reasonably necessary and as may be required by times free of any Government Agency, Hazardous Substance (i) to clean up and remove from and about the Leased Property except in compliance with all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX SARA Title III or any other Applicable Law, (c) transmit to Landlord Landlxxx copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with (and cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant's liability right to contest the same in accordance with Article 8, Tenant shall take (and obligations pursuant shall cause to the terms be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about such Property and (iii) to the provisions use good faith efforts to eliminate any further release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all actions Applicable Laws. During the Term and incur any and other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all expenses, as may be reasonably necessary and as may be required by times free of any Government Agency, Hazardous Substance (i) to clean up and remove from and about the Leased Property except in compliance with all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "“Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (and cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property (in violation of Applicable Laws), subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of Sections 5.1.3 release of Hazardous Substances on or about such Property (in violation of Applicable Laws) and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may shall cause to be reasonably necessary and as may be required by any Government Agency, (imaintained) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, promptly notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant Tenant, MSLS or any Manager with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Law, (c) transmit to Landlord Landxxxx copies of any citations, orders, notices or other governmental communications received by Tenant Tenant, MSLS or its any Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and cause to be observed and complied) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant Tenant, MSLS or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's liability and obligations pursuant MSLS's right to contest the terms same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. During the Term and any other time ------------------------ that Tenant shall be in possession of the Leased Property, Tenant shall not (and shall direct the Manager not to) store, spill upon, dispose of or transfer to or from the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall maintain (and shall direct the Manager to maintain) the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or the Manager with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or the Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written -------------------- response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) ------------------------ observe and comply (and direct the Manager to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any of ficial, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, contain ment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's and the Manager's right to contest the same in accordance with Article 8, Tenant --------- shall take (and shall direct the Manager to take) all actions and incur any and all expenses, as may be reasonably necessary and as may be are required by any Government AgencyAgency and by Applicable Law, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not (and shall direct the Manager not to) store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall direct the Manager to maintain) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or the Manager with respect to the Leased Property pursuant to XXXX Title SARA Xxxle III or any other Applicable Law, (c) transmit to Landlord copies of any 39 -32- citations, orders, notices or other governmental communications received by Tenant or its the Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and direct the Manager to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's liability and obligations pursuant the Manager's right to contest the terms same in accordance with Article 8, Tenant shall take (and shall direct the Manager to take) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall not (and shall cause the Manager not to) store, spill upon, dispose of or transfer to or from the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall maintain (and shall cause the Manager to maintain) the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge and shall cause the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any "Community Right to Know" report which is required to be filed by Tenant or the Manager with respect to the Leased Property pursuant to any Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or the Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and cause the Manager to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's and the Manager's right to contest any Claim with respect to the same in accordance with Article 8, Tenant shall take (and shall cause the Manager to take) all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall direct the Manager to maintain) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title SARA Xxxle III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) ), subject to the provisions of Article 8, observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to the provisions of Article 8, pay or otherwise dispose of any fine, charge or Imposition related thereto. If, unless Tenant shall at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance accordance with its funding obligations under Section 5.1.4.Article 8, Tenant shall

Restriction on Use, Etc. IfTenant shall not store, at spill upon, dispose of or transfer to or from the Property any time prior to the termination Hazardous Substance, except that Tenant may store, transfer and dispose of this Agreement, Hazardous Substances (other than those maintained in accordance compliance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, . Tenant shall take maintain the Property at all actions and incur times free of any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, Hazardous Substance (i) to clean up and remove from and about the Leased Property all except such Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyas are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, at Landlord's request notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, ; (b) at Landlord=s request transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, ; (c) transmit to Landlord copies of any citations, orders, notices of responsibility or other governmental communications received by Tenant or its agents or representatives with respect thereto to Hazardous Materials (collectively, "Environmental NoticeENVIRONMENTAL NOTICE"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk and copies of any material reports or other information detailing any Hazardous Substance on the Property, which identify or could give rise to a violation of any Applicable Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage exceeding $50,000 (an "Environmental ObligationENVIRONMENTAL OBLIGATION"), ; (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, ; and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances are subject discovered on the Property in violation of Applicable Law, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the provisions Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of Sections 5.1.3 release of Hazardous Substances on or about the Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(iii) to eliminate any further release or threat of release of Hazardous Substances on or about the Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not (and shall direct the Manager not to) store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall direct the Manager to maintain) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in 41 -32- compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or the Manager with respect to the Leased Property pursuant to XXXX Title SARA Xxxle III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its the Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and direct the Manager to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. IfThe Borrower Parties shall not, at and shall not permit any time prior other Person to, store, spill upon, dispose of or transfer to the termination of this Agreementor from any Property any Hazardous Substance, Hazardous Substances (other than those maintained except in accordance compliance with all Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same . The Borrower Parties shall maintain each Property at all times free of any Hazardous Substance (except in accordance compliance with Article 8, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant The Borrower Parties shall promptly: (a) upon receipt of notice or knowledge, notify Landlord Lender in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord Lender a copy of any Community Right to Know report which is required to be filed by Tenant any of the Borrower Parties or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord Lender copies of any citations, orders, notices or other governmental communications received by Tenant any of the Borrower Parties or its any Manager or their respective agents or representatives with respect thereto (collectively, "“ Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "“ Environmental Obligation"”), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant the Borrower Parties or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased affected Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the any Leased Property, subject Tenant shall not (and shall direct the Manager not to) store, spill upon, dispose of or transfer to Tenant's right to contest or from any Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the same Term and any other time that Tenant shall be in accordance with Article 8possession of any Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall direct the Manager to maintain) to clean up and remove from and about the each Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the any Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or the Manager with respect to the any Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its the Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and direct the Manager to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Leased Property, subject to Tenant's liability and obligations pursuant the Manager's right to contest the terms same in accordance with Article 8, Tenant shall take (and shall direct the Manager to take) all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about such Leased Property and (iii) to the provisions use good faith efforts to eliminate any further release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4release of Hazardous Substances on or about such Leased Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall direct the Manager to maintain) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title SARA Xxxle III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) ), subject to the provisions of Article 8, observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to the provisions of Article 8, pay or otherwise dispose of any fine, charge or Imposition related thereto. If, unless Tenant shall at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in good faith accordance with Article 8, Tenant shall take all actions and incur any and all expenses, as are required by any Government Agency and by appropriate proceedings Applicable Law, (i) to clean up and the right to use remove from and the value of about the Leased Property is not materially all Hazardous Substances thereon, (ii) to contain and adversely affected thereby. Tenant's liability prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and obligations pursuant (iii) to use good 38 faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. During the Term and any other time ------------------------ that Tenant shall be in possession of the Leased Property, Tenant shall not (and shall direct the Manager not to) store, spill upon, dispose of or transfer to or from the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall maintain (and shall direct the Manager to maintain) the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or the Manager with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or the Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response -------------------- or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and direct the Manager ------------------------ to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's and the Manager's right to contest the same in accordance with Article 8, Tenant shall take (and shall --------- direct the Manager to take) all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about maintain the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX SARA Title III or any other anx xther Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications com munications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's liability right to contest the same in accordance with Article 8, Tenant shall take all actions and obligations pursuant incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the terms Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall not (and shall cause the Manager not to) store, spill upon, dispose of or transfer to or from the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall maintain (and shall cause the Manager to maintain) the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge and shall cause the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any "Community Right to Know" report which is required to be filed by Tenant or the Manager with respect to the Leased Property pursuant to any Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or the Manager or their respective agents or representatives with respect thereto (collectively, "ENVIRONMENTAL NOTICE"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "ENVIRONMENTAL OBLIGATION"), (d) observe and comply (and cause the Manager to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to the exceptions set forth in clauses (i) and (ii) of SECTION 4.3.2 and subject to Tenant's and the Manager's right to contest any Claim with respect to the same in accordance with Article ARTICLE 8, Tenant shall take (and shall cause the Manager to take) all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may shall cause to be reasonably necessary and as may be required by any Government Agency, (imaintained) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, promptly notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Law, (c) transmit to Landlord Lanxxxxd copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and cause to be observed and complied) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's liability right to contest the same in accordance with Article 8, Tenant shall take (and obligations pursuant shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about the terms Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about maintain the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Law, (c) transmit to Landlord copies cxxxxs of any citations, orders, notices or other governmental communications com munications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's liability right to contest the same in accordance with Article 8, Tenant shall take all actions and obligations pursuant incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the terms Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all actions Applicable Laws. During the Term and incur any and other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all expenses, as may be reasonably necessary and as may be required by times free of any Government Agency, Hazardous Substance (i) to clean up and remove from and about the Leased Property except in compliance with all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with (and cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant's liability right to contest the same in accordance with Article 8, Tenant shall take (and obligations pursuant shall cause to the terms be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about such Property and (iii) to the provisions use good faith efforts to eliminate any further release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not, and incur shall not permit any and all expensesPerson to, as may be reasonably necessary and as may be required by any Government Agencystore on, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws in all material respects. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substances on or about the Leased Property and Substance (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other similar Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto to Hazardous Substances violations or alleged violations of Applicable Law (collectively, "each an “Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all material Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.discharge or release of Hazardous Substances on or about such Property and

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about maintain the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications com munications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's liability right to contest the same in accordance with Article 8, Tenant shall take all actions and obligations pursuant incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the terms Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall not store, spill upon, dispose of or transfer to or from the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall maintain (and shall direct the Manager to maintain) the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed with respect to the Leased Property pursuant to SXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "ENVIRONMENTAL NOTICE"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "ENVIRONMENTAL OBLIGATION"), (d), subject to the provisions of ARTICLE 8, observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to the provisions of ARTICLE 8, pay or otherwise dispose of any fine, charge or Imposition related thereto. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article ARTICLE 8, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be are required by any Government AgencyAgency and by Applicable Law, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not (and shall direct the Manager not to) store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall direct the Manager to maintain) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or the Manager with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Applicxxxx Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its the Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and direct the Manager to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's liability and obligations pursuant the Manager's right to contest the terms same in accordance with Article 8, Tenant shall take (and shall direct the Manager to take) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to that Tenant shall be in possession of the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions and incur any and all expensesnot store on, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from the Property any Hazardous Substance. During the Term and any other time that Tenant shall be in possession of the Property, Tenant shall maintain (and shall direct the Tenant Manager to maintain) the Property at all times free of any Hazardous Substances on or about Substance except for those which are customarily used at other hotels like the Leased Property Hotel and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyare in compliance with all Environmental Laws. Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Tenant Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III the Emergency Planning and Community Right-to-Know Act or any other Applicable Environmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Environmental Law (collectively, an "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation")damage,(d) subject to the provisions of Article 8, (d) observe and comply with all Applicable Environmental Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Environmental Law. If, unless at any time prior to the termination of this Agreement, Hazardous Substances (other than those permitted under this Agreement) are discovered on the Property, Tenant shall contest take all actions and incur any and all expenses, as are required by any Governmental Agency and by Environmental Law, (i) to clean up and remove from and about the same in Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about the Property and (iii) to use good faith and by appropriate proceedings and efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Property.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not store, spill upon, dispose of or transfer to or from the Collective Leased Properties any Hazardous Substance, except that Tenant may store, transfer and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release dispose of Hazardous Substances on or about in compliance with all Applicable Laws. Tenant shall maintain the Collective Leased Property and Properties at all times free of any Hazardous Substance (iii) to use good faith efforts to eliminate any further release or threat of release of except such Hazardous Substances on or about the Leased PropertySubstan es as are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any of the Collective Leased PropertyProperties, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to any of the Collective Leased Property Properties pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any demand letters, complaints or other documents initiating legal action, citations, orders, notices or other governmental material communications asserting claims by private parties or government agencies with respect to Hazardous Substances received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents could give rise to a material risk of any material violation of any Applicable Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Collective Leased Property Properties is not materially and adversely affected thereby. Tenant's liability If at any time Hazardous Substances are discovered in violation of Applicable Laws on any of the Collective Leased Properties, Tenant shall take all actions and obligations pursuant incur any and all expenses, as may be necessary or as may be required by any Government Agency, (i) to the terms clean up and remove from and about such Leased Properties all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about such Leased Properties and (iii) to the provisions use good faith efforts to eliminate any further release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4release of Hazardous Substances on or about such Leased Properties.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall maintain (and shall cause to be maintained) the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, promptly notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective agents or representatives with respect thereto (collectively, "ENVIRONMENTAL NOTICE"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "ENVIRONMENTAL OBLIGATION"), (d) observe and comply (and cause to be observed and complied) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article ARTICLE 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as may be reasonably necessary and as may be are required by any Government AgencyAgency and by Applicable Law, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall direct the Manager to maintain) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Law, (c) transmit to Landlord Landxxxx copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) ), subject to the provisions of Article 8, observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to the provisions of Article 8, pay or otherwise dispose of any fine, charge or Imposition related thereto. If, unless Tenant shall at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in good faith accordance with Article 8, Tenant shall take all actions and incur any and all expenses, as are required by any Government Agency and by appropriate proceedings Applicable Law, (i) to clean up and the right to use remove from and the value of about the Leased Property is not materially all Hazardous Substances thereon, (ii) to contain and adversely affected thereby. Tenant's liability prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and obligations pursuant (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Leased Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all actions Applicable Laws. During the Term and incur any and other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all expenses, as may be reasonably necessary and as may be required by times free of any Government Agency, Hazardous Substance (i) to clean up and remove from and about the Leased Property except in compliance with all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased PropertyApplicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto (collectively, "“Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (and cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. -29- If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant's liability right to contest the same in accordance with Article 8, Tenant shall take (and obligations pursuant shall cause to the terms be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about such Property and (iii) to the provisions use good faith efforts to eliminate any further release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.release of Hazardous Substances on or about such Property. 4.4.2

Restriction on Use, Etc. If, at During the Term and any other time prior to that Tenant shall be in possession of the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions and incur any and all expensesnot store on, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from the Property any Hazardous Substance. During the Term and any other time that Tenant shall be in possession of the Property, Tenant shall maintain (and shall direct the Tenant Manager to maintain) the Property at all times free of any Hazardous Substances on or about Substance except for those which are customarily used at other hotels like the Leased Property Hotel and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyare in compliance with all Environmental Laws. Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Tenant Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III the Emergency Planning and Community Right-to-Know Act or any other Applicable Environmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Environmental Law (collectively, an "Environmental NoticeENVIRONMENTAL NOTICE"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation")damage, (d) subject to the provisions of ARTICLE 8, observe and comply with all Applicable Environmental Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Environmental Law. If, unless at any time prior to the termination of this Agreement, Hazardous Substances (other than those permitted under this Agreement) are discovered on the Property, Tenant shall contest take all actions and incur any and all expenses, as are required by any Governmental Agency and by Environmental Law, (i) to clean up and remove from and about the same in Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about the Property and (iii) to use good faith and by appropriate proceedings and efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Property.

Restriction on Use, Etc. During the Term and any other ------------------------ time that Tenant shall be in possession of the Leased Property, Tenant shall not store, spill upon, dispose of or transfer to or from the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall maintain (and shall direct the Manager to maintain) the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response -------------------- or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d), subject to the provision s of Article 8, ------------------------ observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to the provisions of Article 8, pay or otherwise dispose of any --------- fine, charge or Imposition related thereto. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions and incur any and --------- all expenses, as may be reasonably necessary and as may be are required by any Government AgencyAgency and by Applicable Law, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at During the Term and any other time prior to that Tenant shall be in possession of the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions and incur any and all expensesnot store on, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from the Property any Hazardous Substance. During the Term and any other time that Tenant shall be in possession of the Property, Tenant shall maintain (and shall direct the Tenant Manager to maintain) the Property at all times free of any Hazardous Substances on or about Substance except for those which are customarily used at other hotels like the Leased Property Hotel and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyare in compliance with all Environmental Laws. Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Tenant Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III the Emergency Planning and Community Right-to-Know Act or any other Applicable Environmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Environmental Law (collectively, "Environmental Notice"an “ENVIRONMENTAL NOTICE”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation")damage, (d) subject to the provisions of ARTICLE 8, observe and comply with all Applicable Environmental Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Environmental Law. If, unless at any time prior to the termination of this Agreement, Hazardous Substances (other than those permitted under this Agreement) are discovered on the Property, Tenant shall contest take all actions and incur any and all expenses, as are required by any Governmental Agency and by Environmental Law, (i) to clean up and remove from and about the same in Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about the Property and (iii) to use good faith and by appropriate proceedings and efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4Property.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that ------------------------ Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject Tenant shall not (and shall cause the Manager not to) store, spill upon, dispose of or transfer to Tenant's right to contest or from the same Leased Property any Hazardous Substance, except in accordance compliance with Article 8all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall take all actions maintain (and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (ishall cause the Manager to maintain) to clean up and remove from and about the Leased Property at all times free of any Hazardous Substances thereon, Substance (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall cause the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any "Community Right to Know Know" report which is required to be filed by Tenant or the Manager with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its the Manager or their respective agents or representatives with respect thereto (collectively, "Environmental ------------- Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and cause ------------------------ the Manager to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.same

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not store, spill upon, dispose of or transfer to or from the Collective Leased Properties any Hazardous Substance, except that Tenant may store, transfer and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release dispose of Hazardous Substances on or about in compliance with all Applicable Laws. Tenant shall maintain the Collective Leased Property and Properties at all times free of any Hazardous Substance (iii) to use good faith efforts to eliminate any further release or threat of release of except such Hazardous Substances on or about the Leased Propertyas are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any of the Collective Leased PropertyProperties, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to any of the Collective Leased Property Properties pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any demand letters, complaints or other documents initiating legal action, citations, orders, notices or other governmental material communications asserting claims by private parties or government agencies with respect to Hazardous Substances received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents could give rise to a material risk of any material violation of any Applicable Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Collective Leased Property Properties is not materially and adversely affected thereby. Tenant's liability If at any time Hazardous Substances are discovered in violation of Applicable Laws on any of the Collective Leased Properties, Tenant shall take all actions and obligations pursuant incur any and all expenses, as may be necessary or as may be required by any Government Agency, (i) to the terms clean up and remove from and about such Leased Properties all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of this Section 4.3.1 are subject release of Hazardous Substances on or about such Leased Properties and (iii) to the provisions use good faith efforts to eliminate any further release or threat of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4release of Hazardous Substances on or about such Leased Properties.

Restriction on Use, Etc. If, at During the Term and any other time prior to the termination that Tenant shall be in possession of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased any Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take all actions not, and incur shall not permit any and all expensesPerson to, as may be reasonably necessary and as may be required by any Government Agencystore on, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat spill upon, dispose of release or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substances on or about the Leased Property and Substance (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Propertyexcept in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased any Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to the Leased any Property pursuant to XXXX SARA Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its any Manager or their respective agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, "each an “Environmental Notice"”), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "“Environmental Obligation"”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant If, at any time prior to the terms termination of this Section 4.3.1 Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the provisions same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Law, (i) to clean up and remove from and about such Property all Hazardous Substances thereon, (ii) to contain and prevent any further discharge, release or threat of Sections 5.1.3 discharge or release of Hazardous Substances on or about such Property and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4(iii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time ----------------------- that Tenant shall be in possession of the Leased Property, Tenant shall not (and shall direct the Manager not to) store, spill upon, dispose of or transfer to or from the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall maintain (and shall direct the Manager to maintain) the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or the Manager with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or the Manager or their respective agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response --------------------- or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply (and direct the Manager ------------------------ to observe and comply) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any of ficial, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, contain ment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant or the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's and the Manager's right to contest the same in accordance with Article 8, Tenant shall take (and shall --------- direct the Manager to take) all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of the Leased Property, Tenant shall maintain (and shall cause to be maintained) the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, promptly notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant, MSLS or any Manager with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant, MSLS or any Manager or their respective agents or representatives with respect thereto (collectively, "ENVIRONMENTAL NOTICE"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "ENVIRONMENTAL OBLIGATION"), (d) observe and comply (and cause to be observed and complied) with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant, MSLS or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's and MSLS's right to contest the same in accordance with Article ARTICLE 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as may be reasonably necessary and as may be are required by any Government AgencyAgency and by Applicable Law, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Restriction on Use, Etc. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Environmental Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8VIII, Tenant shall take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (iii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX SARA Title III or any other Applicable Exxxxonmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (d) observe and comply with all Applicable Environmental Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (e) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 4.5.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 5.1.5 and Landlord's compliance with its funding obligations under Section 5.1.45.1.5.