Common use of Hazardous Substances Clause in Contracts

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. Tenant Lessee shall comply, at its sole cost and expense, shall require any sublessee to comply with all environmental laws, ordinancesrules, ordersregulations, rules orders and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating permits applicable to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation use of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, including but not limited to, strict liability)required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, damagesstorage, injuriesgeneration, expenses (includingtreatment, transportation, or disposal of hazardous or regulated substances. Except for the Hazardous Substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Premises without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. If Lessee determines that a threat to the environment, including but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as to a direct or indirect result of, the presence in or the escape, leakage, spillagerelease, discharge, emission spill or release from deposit of a hazardous or regulated substance, has occurred or is occurring which affects or threatens to affect the Premises Premises, or the persons, structures, equipment, or other property thereon, Lessee must notify immediately by oral report, in person or by telephone, to be promptly confirmed in writing within twenty four (24) hours to the Airport Director or designee as required by law or regulation. Lessee shall keep a readily accessible file of Materials Safety Data Sheets (MSDS) for each Hazardous Substance on site or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any City employee or Airport tenant who responds to report of a discharge of a Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located Substance on the Premises prior Premises. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the Airport from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits. In the event Lessee fails to fulfill this obligation following written notice and a reasonable cure period, City may perform any such remediation and the direct and indirect cost of such action shall be invoiced to the date Landlord delivers Lessee plus a fifteen percent (15%) administrative fee. Payment of such charges is due and payable upon demand. The rights and obligations set forth in this Paragraph shall survive the Premises to Tenantearlier expiration or termination of this Lease.

Hazardous Substances. Tenant Lessee [or other occupant pursuant to any agreement authorizing mining] shall complynot keep on or about the premises any hazardous substances, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”as defined under 42 U.S.C. § 9601(14) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any other Federal environmental law, any regulated substance contained in or released from any underground storage tank, as defined by the Resource Conservation and Recovery Act, 42 U.S.C. § 6991, et seq, or any substances defined and regulated as “hazardous” by applicable State law, (hereinafter, for the purposes of its agentsthis Lease, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term collectively referred to as “Hazardous Substances” ”) unless such substances are reasonably necessary in Lessee’s mining operations, and the use of such substances or tanks is noted and approved in the Lessee’s mining plan, and unless Lessee fully complies with all Federal, State and local laws, regulations, statutes, and ordinances, now in existence or as subsequently enacted or amended, governing Hazardous Substances. Lessee shall mean immediately notify Lessor, the surface management agency, and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances Federal, State and local agency with jurisdiction over the Leased Premises, of contamination thereon, of (i) all reportable spills or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims releases of any and every kind whatsoever paidHazardous Substance affecting the Leased Premises, incurred (ii) all failures to comply with any applicable Federal, state or suffered local law, regulation or ordinance governing Hazardous Substances, as now enacted or as subsequently enacted or amended, (iii) all inspections of the Leased Premises by, or asserted againstany correspondence, Landlord order, citations, or notifications from any regulatory entity concerning Hazardous Substances affecting the Leased Premises, (iv) all regulatory orders or fines or all response or interim cleanup actions taken by or proposed to be taken by any person, government entity or governmental agency for, with respect to, or as a direct or indirect result of, private Party concerning the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantLeased Premises.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations acknowledges that Tenant occupied each of all state, federal, municipal and other governmental or judicial agencies or bodies relating the Premises listed on the original Schedule A to this Lease prior to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, Commencement Date for such Premises as set forth on Schedule A. Except with respect to matters arising prior to Tenant’s occupancy and operation of the Premises. , or matters caused by Landlord or any of Landlord’s employees, agents, or contractors, Tenant agrees that no Hazardous Substances shall at all times comply with, or cause to be complied with, any “Environmental Law” (as defined belowbelow in Section 4.4) shall be used, located, stored or processed on governing each of the Premises or the use thereof by Tenant or any of its Tenant’s employees, agents, employees, contractors, assigns, subtenants, guest or invitees, licensees, customers, or clients, except as permitted in Section 4.5 below, shall not use, store, generate, treat, transport, or dispose of, or permit any of Tenant’s employees, agents, contractors, invitees, licensees, customers, or clients to use, store, generate, treat, transport, or dispose of, any “Hazardous Substance” (as defined below in Section 4.4) on any of the Premises without first obtaining Landlord’s written approval, shall promptly and no completely respond to and clean up any release or presence of any Hazardous Substances will be released or discharged from upon each of the Premises. The term “Hazardous Substances” , except to the extent such release or presence either occurred prior to the date on which Tenant occupied such Premises or was caused by Landlord or any of Landlord’s employees, agents, or contractors, and shall mean pay all costs incurred as a result of the environmental state, condition and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantquality of each of the Premises, including, without limitationbut not limited to, PCB’sthe costs of any “Environmental Cleanup Work” (as defined below in Section 4.4) and the preparation of any closure or other required plans, asbestos and raw materials that include hazardous constituents except to the extent such release or presence either occurred prior to the date on which Tenant occupied such Premises or was caused by Landlord or any other similar substances of Landlord’s employees, agents, or materials that contractors, (all of the foregoing obligations of Tenant under this Section 4.3 are now or hereafter included under or regulated by any hereinafter collectively “Tenant’s Environmental Laws or that would pose a health, safety or environmental hazardObligations”). Tenant hereby agrees to shall indemnify, defend and hold harmless Landlord from and against any and all lossesclaims, liabilities (including, but not limited to, strict liability)actions, damages, injuriespenalties, expenses (includingfines, but not limited to, court costs, litigation liabilities and expenses, including reasonable attorneys’ fees fees, which are directly or indirectly, in whole or in part, caused by or arise out of Tenant’s failure to timely perform Tenant’s Environmental Obligations. Landlord represents and costs warrants to Tenant that, as of settlement the date on which Tenant occupied each Premises, no Hazardous Substances were located on such Premises and such Premises were in compliance with all Environmental Laws. Landlord shall indemnify, defend and hold harmless Tenant from and against any and all claims, actions, damages, penalties, fines, liabilities and expenses, including reasonable attorneys’ fees, to the extent caused by or judgment), suits and claims arising out of any failure of the foregoing representation and every kind whatsoever paidwarranty of being true and accurate. Landlord and Tenant shall promptly deliver to the other true and complete copies of all notices, incurred correspondence and requests received by the notifying party from any governmental authority or suffered bythird parties relating to the presence, release, use, storage, treatment, transportation, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises disposal of any Hazardous Substances by Tenant or on any of its agents, employees, contractors, assigns, subtenants, guest or inviteesthe Premises. Tenant shall not be responsible permit Landlord and Landlord’s agents to enter into and upon each of the Premises, during normal business hours on prior reasonable notice, for any Hazardous Substances located on the purpose of inspecting the Premises prior to and verifying Tenant’s compliance with these covenants. The provisions of this Section 4.3 shall survive the date Landlord delivers the Premises to Tenantexpiration or other termination of this Lease.

Hazardous Substances. Tenant Notwithstanding any other provision to the contrary in this Agreement or a Work Authorization, Client shall complyindemnify, at defend and save Consultant and its sole cost affiliates, consultants, agents, subcontractors and expensesuppliers of any tier, with and any and all lawsemployees, ordinancesofficers, ordersdirectors of any of the foregoing, rules if any, from and regulations against any and all claims (including, without limitation, all penalties, attorney’s fees, fines and administrative or civil sanctions arising out of all stateor related to such claim), federallosses, municipal costs, expenses, judgments, damages (including incidental, consequential, indirect and other governmental special damages), penalties, and liabilities of any kind or judicial agencies nature whatsoever (collectively “Losses”), suffered as a result of, or bodies arising out of, or in connection with, the performance of the Services and relating to the regulation and/or protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantenvironment, including, without limitation, PCB’sLosses incurred in connection with characterization, asbestos handling, transportation, storage, removal, remediation, disturbance or disposal of radioactive, hazardous, polluted, toxic, or contaminated substances and raw materials that include hazardous constituents materials, whether above or any below ground and not brought to a Client site or other similar substances or materials that are now or hereafter included under or regulated proposed project site by any Environmental Laws or that would pose a health, safety or environmental hazardConsultant in the performance of the Services without Client’s approval. Tenant hereby agrees to Consultant shall indemnify, defend and hold save Client harmless Landlord from and against any direct loss or liability sustained by Client to the proportionate extent such loss or liability arises from Consultant’s negligence or willful misconduct in the handling of any radioactive, hazardous, polluted, toxic or contaminated substances or materials but only when such radioactive, hazardous, polluted, toxic or contaminated substances or materials are brought to a Client site or other proposed project site by Consultant in the performance of the Services and not at the direction of Client. Client shall at all times retain exclusive control over and final approval of and shall be solely responsible for evaluation, implementation and all lossesother decisions relating to environmental laws, liabilities (includingrules and regulations and the characterization, but not limited toremoval, strict liability)remediation, damagestransportation, injuriesdisturbance or disposal of radioactive, expenses (includinghazardous, but not limited topolluted, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered bytoxic, or asserted againstcontaminated substances and materials, Landlord by any person, entity whether above or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantbelow ground.

Hazardous Substances. Tenant (a) shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the not use, occupancy and process, release, discharge, generate, treat, store, transport or dispose of any Hazardous Substances on, in, under or through the Premises or Property (other than substances necessary for the proper operation of the Premises. Tenant agrees that no business machines (e.g., photocopying machines and printers)), and (b) shall prohibit its employees, licensees, subtenants, invitees and third party contractors from using, processing, releasing, discharging, generating, treating, storing or disposing of any Hazardous Substances (defined below) shall be usedon, locatedin, stored under or processed on through the Premises by or Property, in either case in quantities or concentrations or in a manner which would violate any applicable Requirement. In addition to any other obligation or liability that Tenant may have hereunder or under applicable law, if Tenant or any of its agents, Tenant’s employees, contractors, assignslicensees, subtenants, guest invitees or inviteesthird party contractors uses, and no processes, releases, discharges, treats, generates, stores, transports or disposes of any Hazardous Substances will be released Substance on, in, under or discharged through the Premises or the Property in violation of the terms of this Lease or applicable law, then Tenant upon discovering same or upon notice from Landlord or any governmental authority shall immediately remove such Hazardous Substance from the PremisesPremises and the Property at Tenant’s sole cost and expense in accordance with all applicable Requirements. The Tenant hereby indemnifies and holds Landlord harmless from any loss, cost, claim, damage or expense including reasonable attorneys’ fees arising out of a breach by Tenant of its obligations under this Section, which indemnification obligation shall survive the expiration or termination of this Lease. For purposes hereof the term “Hazardous Substances” shall mean any and include all substances (whether liquid, solid or gas) defined, listed or otherwise classified as pollutants, hazardous and toxic wastes, hazardous substances, waste or hazardous materials, extremely hazardous wastes, or words or terms of similar regulatory effect under any pollutant present or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws future Requirement or that would pose may have a negative impact on human health, safety or environmental hazard. Tenant hereby agrees to indemnifythe environment, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability)petroleum and petroleum products, damagesasbestos and asbestos-containing materials, injuriespolychlorinated biphenyls, expenses (includinglead, but not limited tolead-based paints, court costsradon, litigation expensesradioactive materials, reasonable attorneys’ fees flammables and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantexplosives.

Hazardous Substances. Tenant Except for normal cleaning solvents and office supplies used in connection with Tenant’s business (which shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall times be used, locatedhandled, stored transported, stored, generated and disposed of in compliance with all applicable Laws), Tenant shall not cause or processed on permit any Hazardous Substance (as hereinafter defined) to be used, handled, transported, stored, generated or disposed of on, in or from the Premises Property by Tenant or any of Tenant, its agents, employees, contractors, assigns, subtenants, guest invitees or invitees, and no licensees. If Hazardous Substances will be released are used, handled, transported, stored, generated or discharged from disposed of on the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in Premises or the escapeProperty by Tenant, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assignsinvitees or licensees, subtenantsor if the Premises or the Property (or any portion thereof) becomes contaminated in any manner as a result of the acts or omissions (or alleged acts or omissions) of Tenant, guest its agents, employees, contractors, invitees or inviteeslicensees or if Tenant shall otherwise breach (or permit a breach) of its obligations under this Section 6.05, Tenant shall indemnify, hold harmless and defend Landlord and the other Landlord Indemnitees (as hereinafter defined) from and against any and all legal action, claims, expenses, costs, damages, loss, liability, penalties, fees and other expenses, including, without limitation, reasonable legal fees and disbursements (collectively, “Liabilities”), which shall include, without limitation, a decrease in value of the Property, damages due to loss or restriction of leasable or usable space and damages due to adverse impact on marketing of the Building or the Property, arising during or after the Term and relating to such contamination. Such indemnification shall include, without limitation, all costs incurred by Landlord duo to any investigation of the Property or any part thereof or any cleanup, removal or restoration, whether or not required by laws. If Tenant causes or permits the presence or release of any Hazardous Substance on the Property. Tenant shall not be responsible for any Hazardous Substances located on promptly, at its sole expense, take all action necessary to return the Premises Property to the condition existing prior to the date presence or release of such Hazardous Substance or Landlord delivers may (hut shall have no obligations to) remove or remediate same at Tenant’s sole cost. Tenant shall obtain Landlord’s prior consent to any such action and such action shall constitute Tenant’s Changes to be performed strictly in accordance with the Premises terms and conditions of Article 12. Notwithstanding anything to Tenant.the contrary contained in this Lease,

Hazardous Substances. Landlord hereby notifies Tenant, and Tenant shall comply-------------------- hereby acknowledges that, at its sole cost prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and expenseSafety Code Section 25359.7 (or any successor statue), with all lawsthat Landlord knows, ordinancesor has reasonable cause to believe, ordersthat certain hazardous substances (as such term is used in such Section 25359.7), rules and regulations such as common cleaning supplies, office supplies, spillage of all statepetroleum products from motor vehicles, federal, municipal and other governmental consumer products, may have come to be located on or judicial agencies beneath the Premises and/or the Project. Tenant hereby agrees to indemnify Landlord against all actions, liabilities, damages, losses, costs, expenses, attorneys' fees, and claims (except to the extent they arise as a result of Landlord's grossly negligent acts or bodies willful misconduct), arising from or relating to: (i) any discharges, releases, or threatened releases of any Hazardous Material (as defined below) into ambient air, water, or land by Tenant or Tenant's Invitee's, or otherwise from, on, under, or above the Premises, (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic wastes, substances, or materials by Tenant or Tenant's Invitees, or otherwise from, on, or under, the Premises, or (iii) a violation of any environmental law by Tenant or Tenant's Invitees on, under, or above the Premises (for purposes hereof, "environmental laws" shall mean any Federal, State, or local law, statute, regulation, ordinance, guideline, or common law principle relating to the protection of public health, safety, welfare health or safety or the environment (collectivelyuse or control of the environment, “including without limitation the Federal Comprehensive Environmental Laws”) in Response, Compensation and Liability Act of 1980, the Xxxxxxxxx-Xxxxxxx-Xxxxxx Hazardous Substance Account Act, the California Hazardous Waste Control Law, the Federal Clean Air Act, the California Air Resources Act, the Federal Clean Water Act, the California Xxxxxx-Cologne Water Quality Control Act, the Federal Resource Conservation and Recovery Act, the California Xxxxxxx-Z'xxxx-Xxxxx Solid Waste Management and Recovery Act, and California Health and Safety Code Section 25359.7). Tenant agrees to promptly reimburse Landlord for all of Landlord's costs arising from periodic monitoring of Tenant's use, occupancy and operation handling, or storage of Hazardous Substances at or surrounding the Premises. Tenant agrees that no shall not cause or permit any Hazardous Substances (defined below) shall Material to be generated, brought onto, used, locatedstored, stored or processed on disposed of in or about the Premises Premises, the Building, or the Project by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, except for limited quantities of standard office and no janitorial supplies. Tenant shall: (a) use, store, and dispose of all such permitted Hazardous Substances Material in strict compliance with all applicable statutes, ordinances, and regulations in effect during the Lease Term that govern and/or relate to Hazardous Material, public health and safety and protection of the environment, and (b) comply at all times during the Lease Term with all environmental laws relating to Tenant's use, storage, or disposal of Hazardous Material. If the Premises are contaminated due to the acts or omissions of Tenant or Tenant's Invitees by any Hazardous Material during the Term, then (1) Tenant shall promptly notify Landlord in writing of such contamination, and (2) Landlord may elect to either (A) demand that Tenant perform all remediation required by Landlord (to Landlord's satisfaction and at Tenant's sole cost, necessary to return the Premises (and/or the Project) to at least as good a condition as the Premises (or the Project) are in as of the date of this Lease, which Tenant shall immediately do upon receipt of notice from Landlord, or (B) proceed to cause such investigation, clean-up, and remediation work which Landlord deems necessary or desirable to be undertaken, whereupon the entire cost thereof (plus a supervisory fee equal to ten percent (10%) of such cost) will be released payable by Tenant to Landlord upon demand as Additional Rent. If Tenant does not promptly commence and diligently pursue such remediation, then Landlord may, at Landlord's election, perform or discharged from cause to be performed such remediation and Tenant shall immediately, upon demand, pay the Premisescost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost. The Tenant's obligations and liability under this Paragraph shall survive the termination of Tenant's tenancy and the Term of this Lease, except that nothing contained in this Paragraph shall be deemed to impose liability on Tenant for any problem arising after the Term of this Lease provided neither Tenant nor Tenant's Invitees contributed to such problem during the Term of the Lease. As used in this Lease, the term “"Hazardous Substances” Material" shall mean any hazardous or toxic substance, material, or waste that is or becomes regulated by the United States, the State of California, or any local government authority having jurisdiction over the Building. Hazardous Material includes, without limitation: (a) any "hazardous substance", as that term is defined in the Comprehensive Environmental Response, Compensation, and include all hazardous Liability Act of 1980 (CERCLA) (42 United States Code Sections 9601-9675); (b) "Hazardous waste", as that term is defined in the Resource Conservation and toxic substancesRecovery Act of 1976 (RCRA) (42 United States Code Sections 6901-6992k); (c) any pollutant, waste or materials, any pollutant or contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders 16 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ imposing liability or standards of conduct concerning any hazardous, dangerous, or toxic waste, substance, or material, now or hereafter in effect); (d) petroleum products; (e) radioactive material, including any source, special nuclear, or byproduct material as defined in 00 Xxxxxx Xxxxxx Code Sections 2011-2297; (f) Asbestos in any form or condition; and (g) polychlorinated biphenyls (PCBs) and substances or compounds containing PCBs. Notwithstanding anything to the contrary contained in the Lease, Tenant shall have no obligation to "clean up," monitor, xxxxx, or to comply with any law regarding, or to reimburse, release, indemnify, or defend Landlord with respect to any toxic or hazardous substances (including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are "PCB's") which now or hereafter included under or become regulated by any Environmental Laws governmental authority or that would pose a healthagency thereof (hereinafter "Hazardous Materials") and which Tenant did not store, safety dispose of, or environmental hazardtransport in, use, or cause to be on the Premises in violation of any Hazardous Materials laws. Furthermore, if any Hazardous Materials are presented in the Premises (or the underlying soil or groundwater) and such presence was not caused by Tenant hereby agrees to or Tenant's Invitees, Landlord shall protect, indemnify, defend defend, and hold Tenant harmless Landlord from and against any and all lossesclaims, liabilities (includingliability, but not limited toloss, strict liability)proceedings, damages, injuriescauses of action, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered bycost, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantexpense (including attorneys' fees) arising therefrom.

Hazardous Substances. Tenant Lessee shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating permit any hazardous substances to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated or processed on disposed of on, in or about the Premises by Tenant or any of its Lessee, Lessee’s agents, employees, contractors, assigns, subtenants, guest contractors or invitees; provided, however, that Lessee may keep and use small quantities of hazardous substances as are necessary in the ordinary course of Lessee’s business, and no Hazardous Substances will be released or discharged from further provided that Lessee shall handle, store, use and dispose of any such hazardous substance in accordance with applicable Federal, State and local laws and regulations, and in a manner which shall not cause contamination to the Premises. The term “Hazardous Substances” Lessee shall mean indemnify and include all hold Lessor harmless from any liability, claim, demand, order or injury (including reasonable attorney, consultant and expert fees), arising from Lessee’s, or Lessee’s agents’, employees’, contractors’ or invitees’ handling, storage, disposal or release of any hazardous and toxic substancessubstance in, waste under or materials, any pollutant or contaminantabout the Premises, including, without limitation, PCB’sthe cost of any required or necessary repair, asbestos cleanup, remediation or detoxification of the Premises. The foregoing covenants and raw materials indemnification shall survive the expiration of the term of this Lease. The foregoing covenants and indemnification are cumulative to any rights or remedies which Lessor or Lessee may have at law or in equity, and shall not operate to limit such rights or remedies. As used herein, “hazardous substance” means any substance that include hazardous constituents is toxic, ignitable, reactive or any other similar substances corrosive, and whose storage, handling, disposal or materials that are now or hereafter included under or transport is regulated by Federal, State or local statute, rule, regulation or ordinance, and shall include any Environmental Laws material or substance that would pose is defined as “hazardous waste,” “extremely hazardous waste” or a health“hazardous substance” pursuant to Federal, safety State or environmental hazard. Tenant hereby agrees to indemnifylocal statute, defend and hold harmless Landlord from and against any and all lossesrule, liabilities (regulation or ordinance, including, but not limited to, strict liability)asbestos, damages, injuries, expenses polychlorinated biphenyls (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees “PCBs”) and costs of settlement petroleum. In no event shall Tenant be liable or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises environmental conditions or hazardous substances existing prior to the date Landlord delivers the Premises to Tenant.of this Lease

Hazardous Substances. Except for Hazardous Substances (i) contained in products used by Landlord or Tenant during construction of the Project, (ii) used by Landlord or Tenant in de minimis quantities for ordinary cleaning and office purposes and petroleum products used as fuel in vehicles, heating systems and back up generators or (iii) produced by Tenant or an affiliate of Tenant and kept on the Demised Premises in de minimis quantities for purposes of displaying such products in a display case or for purposes of sending samples to Tenant’s customers and potential customers (and, in the case of (i), (ii) and (iii), then only in compliance with all applicable Environmental Laws), Landlord and Tenant shall complynot permit or cause any party to bring any Hazardous Substances upon the Project or the Demised Premises or transport, store, use, generate, manufacture, dispose, or release any Hazardous Substances on or from the Project or the Demised Premises without the other’s prior written consent. Landlord and Tenant, at its their respective sole cost and expense, shall operate their respective businesses in the Project in strict compliance with all lawsEnvironmental Laws and all requirements of this Lease. Landlord agrees that all other tenants of the Project, ordinancesat such tenants’ sole cost and expense, orders, rules and regulations of shall be obligated to operate their respective businesses in the Project in strict compliance with all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use. Landlord and Tenant shall and hereby do agree to pay, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedprotect, locateddefend, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold the other harmless Landlord from and against any and all lossesloss, damages, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, actual attorneys’ fees, consultant fees or expert fees and costs of litigation), fees, claims, costs and liabilities arising out of or in any manner related to the generation, storage, use, treatment or disposal of Hazardous Substances at the Project by Landlord or Tenant or their respective agents, employees or contractors. Notwithstanding the foregoing sentence, Landlord and Tenant or their respective agents, employees or contractors may use de minimis quantities or products containing Hazardous Substances for ordinary cleaning and office purposes, and then only in compliance with all applicable Environmental Laws. Other than as disclosed in that certain environmental assessment prepared by Xxxxxx Xxxx Associates, Project No. R00507.13E, and dated October 2006 (the “Environmental Report”), a copy of which has been provided to Tenant, to Landlord’s current actual knowledge, neither Landlord nor any third party has generated, disposed of, released, nor found any Hazardous Substances on or about the Demised Premises or the Project in violation of Environmental Laws. It is understood by Tenant, however, that Landlord has not made any independent investigations to confirm the accuracy of the Environmental Report or the foregoing representation, and Landlord makes no representation or warranty as to the accuracy or completeness of the Environmental Report. Tenant agrees to keep the Environmental Report confidential and not to disclose the contents thereof to any other party (with the exception of its agents and consultants who shall also be subject to such confidentiality requirement) without the prior written consent of Landlord. Landlord has received no notice that any municipality or any governmental or quasi-governmental authority has determined that there are any violations of the Environmental Laws with respect to the Demised Premises or the Project. Landlord covenants that it will undertake all commercially reasonable efforts to obtain and assist Tenant in obtaining comfort letters, certifications, authorizations and other approvals requested by Tenant in connection with any and all relevant brownfields Subject to a request for confidential treatment, certain portions of this agreement have been intentionally omitted. The omitted portions subject to the confidential treatment request are designated by three asterisks [***]. A complete version of this agreement has been separately filed with the Securities and Exchange Commission. and historic preservation laws and regulations. In addition to the foregoing indemnity, Landlord agrees to pay, protect, defend, indemnify and hold harmless Tenant from and against any and all loss, damages, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), costs (including, without limitation, reasonable attorneys’ fees, consultant fees or expert fees and costs of litigation), fees, claims and liabilities arising out of any Hazardous Substances present on the Project prior to the Commencement Date and thereafter released upon the Project, except for those releases caused by Tenant, its agents, employees or contractors, (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity). Such liability of Landlord shall be without regard to negligence or fault (except the negligence or fault of Tenant, its agents, employees or contractors (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity)). Landlord acknowledges and agrees that any liabilities for historic preservation, environmental remediation and removal of Hazardous Materials, arising from site conditions prior to the Commencement Date, including, but not limited to, strict liability)those liabilities arising under Environmental Laws shall be the sole responsibility of Landlord (except to the extent caused by the negligence or fault of Tenant, damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employeesemployees or contractors (excluding Landlord, contractors, assigns, subtenants, guest Landlord’s Contractor or inviteesits or their subcontractors or agents when acting on behalf of Tenant in such capacity)). Tenant The provisions of this Article 12.2 shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenantexpiration or earlier termination of this Lease.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the fee use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or or, environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), liability damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. (a) Tenant shall comply, at its sole cost and expensecovenants that Tenant, with respect to its use and operation on the Premises and within the Project during the Term, will remain in compliance with all lawsapplicable federal, state and local statutes, ordinances, ordersregulations, rules and regulations of all state, federal, municipal and other governmental laws presently in force or judicial agencies or bodies hereafter enacted relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation protection of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedenvironment, locatedenvironmental quality, stored or processed on contamination and clean-up of hazardous materials, including, without limitation, the Premises by Tenant or any Comprehensive Environmental Response, Compensation and Liability Act of its agents1980, employeesas amended, contractorsthe Resource, assignsConservation and Recovery Act of 1976, subtenants, guest or inviteesas amended, and no Hazardous Substances will be released state superfund and environmental clean-up statutes and all rules and regulations presently or discharged from hereafter enacted ("environmental laws"). As used above, the Premises. The term “Hazardous Substances” "hazardous materials" shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’sasbestos, asbestos PCBs, petroleum and petroleum-based products and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteeslaws. Tenant shall not be responsible for release, generate, manufacture, store, treat, transport or dispose of any Hazardous Substances located hazardous material on or about the Project or any part thereof; however, Tenant may store, transport and use such hazardous materials as historically used by Tenant in the ordinary course of the operation of its business in compliance with all applicable environmental laws. Tenant will immediately notify Landlord and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports or notices relating to the condition of the Premises prior or compliance with environmental laws. Tenant shall maintain all required records and file any necessary documents with the appropriate agencies relating to the date use, storage or transportation of any hazardous materials on, to, from or about the Premises. Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord delivers and at Tenant's sole cost), and hold Landlord harmless from and against all losses, liabilities, obligations, penalties, claims, demands, judgments, costs and other damages, that are suffered or incurred by Landlord and arising from the release or other deposit during the Term of any hazardous material by Tenant, its employees, agents or contractors, on, in, under or affecting all or any portion of the Premises to Tenantor the Project, or any breach of any obligation or agreement of Tenant in this paragraph. This indemnification obligation shall survive the termination of this Lease.

Hazardous Substances. Tenant Except for cleaning solvents and other similar substances which are required for the Permitted Use, all of which shall complybe used, at handled, stored, transported and disposed of by Lessee in accordance with all laws and regulations, Lessee shall not use, generate, transport, treat, store, dispose of or otherwise handle Hazardous Substances on the Premises without the prior written consent of Lessor. Lessor may withhold such consent in its sole cost discretion or may condition such consent upon Lessee's agreement to comply with requirements designed by Lessor. The term "HAZARDOUS SUBSTANCES" shall mean any and expenseall hazardous, with all lawstoxic, ordinancesinfectious or radioactive substances, orders, rules and regulations of all state, wastes or materials as defined or listed by any federal, municipal and other governmental state or judicial agencies local statute, regulation or bodies relating ordinance pertaining to the protection of public health, safety, welfare human health or the environment (collectivelyand shall specifically include petroleum oil and its fractions. Upon expiration or termination of this Lease for any reason, “Environmental Laws”) Lessee shall remove from the Premises all Hazardous Substances and their containers brought onto the Premises by Lessee or its employees, agents, licensees, contractors or subtenants, and Lessee shall certify in the use, occupancy and operation of the Premises. Tenant agrees writing to Lessor that no Hazardous Substances (defined below) shall be usedSubstance has been leaked, locatedspilled, stored released or processed disposed on or about the Premises by Tenant Lessee or any of its employees, agents, employeeslicensees, contractorscontractors or subtenants during the Term of the Lease. Notwithstanding the foregoing, assignsLessor shall hold Lessee harmless from any claims, subtenantsdemands, guest or inviteesactions, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancesliabilities, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees damages and obligations of any nature--including costs of settlement or judgment), suits clearance and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible remedial measures--for any Hazardous Substances located contamination existing on the Premises prior to occupation thereof by Lessee or caused by Lessor subsequent thereto, whether or not discovered prior to or after the date Landlord delivers the Premises to TenantCommencement Date.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Leased Premises. Tenant agrees that no Hazardous Substances (defined belowas hereinafter defined) shall be used, located, stored or processed on the Leased Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, and no Hazardous Substances will be released or discharged from the PremisesLeased Premises (including, but not limited to, ground water contamination). The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Leased Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees. Tenant shall , including, without limitation, any losses, liabilities (including, but not be responsible for limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantso-called federal, state or local “Superfund” or “Superlien” laws or any other Environmental Law.

Hazardous Substances. Tenant shall complyAs used herein, at its sole cost “Hazardous Substance” means any substance which is toxic, ignitable, reactive or corrosive and expensewhich is regulated by any local government, with the State of Pennsylvania or the United States Government. Hazardous Substance includes any and all lawsmaterials or substances which are defined as “hazardous wastes”, ordinances, orders, rules and regulations of all or “extremely hazardous wastes” or “hazardous substance” pursuant to state, federalfederal or local governmental laws or regulations. “Hazardous Substance” includes, municipal but is not restricted to asbestos, polychlorinated biphenyls (PCBs) and other governmental petroleum. Lessee shall not cause or judicial agencies or bodies relating permit any Hazardous Substance to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated or processed on disposed of on, about, or in the Premises by Tenant or any of its Lessee, Lessee’s agents, employees, contractors, assigns, subtenants, guest contractors or invitees, without first obtaining Lessor’s written consent, which may be withheld, delayed, or conditioned at Lessor’s sole and no absolute discretion. If Hazardous Substances will be released are used, stored, generated or discharged from disposed of on or in the Premises. The term “Hazardous Substances” Premises or if the Premises become contaminated in any manner for which Lessee is legally liable, Lessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord the Lessor from and against any and all losses, liabilities (including, but not limited to, strict liability)claims, damages, injuriesfines, expenses (includingjudgments, but not limited topenalties, court costs, litigation expensesliabilities or losses (including without limitation, reasonable a decrease in value of the Premises or the Building or the Lot, damages, because of adverse impact on marketing of the Premises and any and all sums paid for settlement of claims, attorneys’ fees ’, consultant and expert fees) arising during or after the term hereof and arising as a result of such contamination by Lessee. The indemnification includes, without limitation, any and all costs of settlement or judgment)incurred, suits and claims because of any and every kind whatsoever paidinvestigation of the Lot or any clean-up, incurred removal or suffered byrestoration mandated by a federal, state or asserted againstlocal agency or political subdivision. In addition, Landlord by any person, entity if Lessee causes or governmental agency for, with respect to, or as a direct or indirect result of, permits the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located Substance on the Premises prior and this results in contamination, Lessee shall promptly, at its sole expense, take any and all necessary actions to the date Landlord delivers return the Premises to Tenantthe condition existing before the presence of any such Hazardous Substance on the Premises, HXXXXX MANAGEMENT COMPANY AMERICAN BANK NOTE HOLOGRAPHICS, INC. October 9, 2002/kat provided, however, that Lessee shall first obtain Lessor’s approval for any such remedial action. Within ten (10) days after receipt, Lessor and Lessee shall advise the other party in writing and provide the other party with copies of (as applicable), any notices alleging violation of any law or regulation relating to any Hazardous Substance upon any portion of the Premises, the Building or the Lot; any claims made or threatened in writing regarding non-compliance with any law or regulation involving the presence of any Hazardous Substance or any portion of the Premises, the Building or the Lot; or any governmental or regulatory actions or investigations instituted or threatened regarding non-compliance with any law or regulation involving any Hazardous Substance upon any portion of the Premises, the Building or the Lot. If Lessor has reasonable cause to believe that the Premises is in violation of any of the provisions of this Article 40, Lessor shall, upon prior notice to Lessee, have the right, but no obligation, at any time that is reasonable under the circumstances: (i) to enter upon the Premises, take samples, review Lessee’s books and records for any notices related to environmental violations, interview Lessee’s employees and officers; (ii) either, cause environmental site assessments in accordance with ASTM Standard E-1527-97 (as amended, from time to time, (the “ESA’s”) to be performed, or require Lessee to cause the ESA’s to be performed and provided to Lessor within a reasonable time; and (iii) conduct such other activities as Lessor, in its sole and absolute discretion, deems appropriate, ((i),(ii) and (iii) being referred to herein as the “Audit”). Lessee shall cooperate fully in the conduct of the Audit. Lessor shall not unreasonably disturb the normal operation of the Premises in the course of the Audit. Lessee shall, upon demand, pay, as Additional Rent all costs and expenses of Lessor connected with the Audit if it discloses the need for any remedial work. Where materials generated by Lessee are disposed of off of the Premises, Lessee agrees that Lessor is not the owner of the materials, and indemnifies and holds Lessor harmless for any costs incurred in defending and paying for any action where it is alleged that Lessor is the owner of the materials.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no knowingly permit any Hazardous Substances (defined below) shall not ordinarily used by hotels to be used, locatedstored, stored generated, discharged or processed disposed of on or in the Premises Land by Tenant, or Tenant’s subtenants, licensees, agents, employees, contractors or invitees. If Hazardous Substances are used, stored, generated, discharged or disposed of on or in the Land, or if the Land becomes contaminated by Hazardous Substances in any manner during the Term, in each case by Tenant or any of its Tenant’s subtenants, licensees, agents, employees, contractors, assigns, subtenants, guest contractors or invitees, then Tenant shall indemnify, hold harmless and no Hazardous Substances will be released defend Landlord from any and all claims, damages, fines, judgments, penalties, costs, liabilities or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, losses (including, without limitation, PCB’sdamages due to loss or restriction of rentable or usable space, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensessums paid for settlement of claims, reasonable attorneys’ fees attorney's fees, consultant and costs of settlement expert fees) arising during or judgment), suits after the Term and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or arising as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances such contamination by Tenant or any of its Tenant’s subtenants, licensees, agents, employees, contractors, assigns, subtenants, guest contractors or invitees. This indemnification includes, without limitation, any and all costs incurred due to any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of, or receives notice from any person of the existence of any Hazardous Substance on the Land and such results in contamination, Tenant shall not be responsible for immediately give Notice thereof to Landlord and Tenant shall promptly, at its sole expense, take any Hazardous Substances located on and all necessary actions to return the Premises Land to the condition existing prior to the date Landlord delivers presence of any such Hazardous Substance on the Premises to Land. Tenant's obligations under this section shall survive the expiration or termination of this Lease.

Hazardous Substances. Tenant Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises as a landfill or as a dump for garbage or refuse, and shall complynot permit any hazardous or toxic waste, at its sole cost substance, contaminant, asbestos, oil, radioactive or other material, the removal of which is required or the maintenance or storage of which is prohibited, regulated, or penalized by any local, state, or federal agency, authority, or governmental unit, to be brought onto the Premises or if so brought or found located thereon, shall cause the same to be immediately removed, unless the maintenance, handling, storage, use, treatment, and expense, disposal of same is in full compliance with all lawsapplicable federal, ordinances, orders, rules state and local laws and regulations pertaining thereto, and Lessee’s obligation to so remove shall survive the termination of this Lease. Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises in any manner other than in full compliance with all state, applicable federal, municipal state and other local environmental laws and regulations. If Lessee receives any notice from a governmental agency of violation of any environmental laws and regulations, Lessee shall promptly deliver a copy of such notice to Lessor. In the event of any release of any hazardous or judicial agencies toxic substances, materials or bodies relating to the protection of public healthcontaminants at, safetyon, welfare in, under or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation affecting any portion of the Premises, Lessee shall promptly notify Lessor of such release. Tenant Lessee further covenants and agrees that no Hazardous Substances to indemnify, protect and save Lessor harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (defined belowincluding, without limitation, attorneys’ and experts’ fees and disbursements) shall which may at any time be usedimposed upon, located, stored incurred by or processed on the Premises by Tenant asserted or awarded against Lessor or arising from or out of any of its agents, employees, contractors, assigns, subtenants, guest hazardous or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste materials or materialscontaminants from all or any portion of the Premises introduced by Lessee (or any person or entity claiming by, any pollutant through or contaminantunder Lessee), including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against : (i) the costs of removal of any and all lossessuch hazardous or toxic substances, liabilities materials or contaminants from all or any portion of the Premises; (includingii) additional costs required to take necessary precautions to protect against the release of such hazardous or toxic substances, but not limited tomaterials or contaminants on, strict liability)in, damagesunder or affecting the Premises into the air, injuriesany body of water, expenses any other public domain or any surrounding areas; and (includingiii) any costs incurred to comply, but not limited toin connection with all or any portion of the Premises with all applicable laws, court costsorders, litigation expensesjudgments and regulations with respect to such hazardous or toxic substances, reasonable attorneys’ fees and costs of settlement materials or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered contaminants introduced by, or asserted againston behalf of Lessee. This indemnity shall survive the expiration or earlier termination of this Lease. In addition, Landlord at the end of the term of this Lease or earlier termination hereof, Lessee, upon a reasonably based request by any personLessor, entity or governmental agency forshall cause, with respect toat Lessee’s expense, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from an environmental study to be conducted of the Premises by a person or firm approved by Lessor to ensure that no hazardous wastes, hazardous substances or other such materials have been stored, handled, treated or disposed of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to during the date Landlord delivers the Premises to Tenantterm of this Lease in violation of any applicable law.

Hazardous Substances. Tenant shall complyExcept as disclosed in Exhibit 3.14: (a) there is no substance which has been, is, or will be present, used, stored, deposited, treated, recycled or disposed of on, under, in or about any real estate now or at its sole cost and expenseany time owned or occupied by Borrower (the “Property”) during the period of Borrower’s ownership or use of the Property in a form, with all quantity or manner which, if known to be present on, under, in or about the Property would require clean‑up, removal or some other remedial action (each a “Hazardous Substance”) under any federal, state or local laws, regulations, ordinances, orders, codes or rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to (the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”); (b) Borrower has no knowledge after due inquiry of any prior use or existence of any Hazardous Substance on the Property by any prior owner of or person using the Property; (c) without limiting the generality of the foregoing, Borrower has no knowledge after due inquiry that the Property contains asbestos, polychlorinated biphenyl components (PCBs) or underground storage tanks; (d) Borrower has no knowledge after due inquiry of any conditions existing currently or likely to exist during the term of this Agreement which would subject Borrower to any damages, penalties, injunctive relief or clean‑up costs in any governmental or regulatory action or third-party claim relating to any Hazardous Substance; (e) Borrower is not subject to any court or administrative proceeding, judgment, decree, order or citation relating to any Hazardous Substance; and (f) Borrower in the usepast has been, occupancy at the present is, and operation of in the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedfuture will remain in compliance with all Environmental Laws, located, stored or processed except non-compliance which would not result in a material adverse effect on the Premises by Tenant Borrower or any material portion of Borrower’s properties. Borrower shall indemnify and hold harmless Bank, its agentsdirectors, employeesofficers, contractorsemployees and agents from all loss, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, cost (including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgmentlegal expenses), suits liability and claims of any and every kind damage whatsoever paiddirectly or indirectly resulting from, incurred or suffered byarising out of, or asserted againstbased upon: (i) the presence, Landlord by use, storage, deposit, treatment, recycling or disposal, at any persontime, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant Substance described above, on, under, in or any about the Property, or the transportation of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on Substance to or from the Premises prior Property, (ii) the violation or alleged violation of any Environmental Law, permit, judgment or license relating to the date Landlord delivers presence, use, storage, deposit, treatment, recycling or disposal of any Hazardous Substance on, under, in or about the Premises Property, or the transportation of any Hazardous Substance to Tenantor from the Property, or (iii) the imposition of any governmental lien for the recovery of environmental clean‑up costs expended under any Environmental Law. Borrower shall immediately notify Bank in writing of any governmental or regulatory action or third-party claim instituted or threatened in connection with any Hazardous Substance on, in, under or about the Property.

Hazardous Substances. Tenant shall complycovenants, at represents and warrants to Landlord, its sole cost successors and expenseassigns, with all laws, ordinances, orders, rules that it has not used or permitted and regulations of all state, federal, municipal and other governmental will not use or judicial agencies or bodies relating permit the Premises to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored whether directly or processed on the Premises by Tenant or any of its agents, employees, through contractors, assignsagents or tenants, subtenantsfor the generating, guest or inviteestransporting, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancestreating, waste or materialsstorage, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, dischargemanufacture, emission or release from the Premises disposal of any Hazardous Substances by Substance without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's satisfaction that such Hazardous Substance is necessary or any useful to Tenant's business and will at all times be used, kept, stored and disposed of its agentsin a manner that complies at all times with all Environmental Laws and such storage will not create an undue risk to other tenants of the Building, employeesgiving consideration to the nature of the Building). Xxxxxx agrees to indemnify and reimburse the Landlord, contractors, it successors and assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located breach of these representations and warranties and from any loss, damage, expense or cost arising out of or incurred by Landlord which is the result of a breach of, misstatement of or misrepresentation of the above covenants, representations and warranties, together with all attorneys' fees incurred in connection with any action brought by or against the Landlord arising out of the above. These covenants, representations and warranties shall be deemed continuing covenants, representations and warranties for the benefit of the Landlord, and any successor and assigns of the Landlord, including any subsequent owner of the Building and shall survive termination of this Lease. The amount of such indemnified loss, damage, expense or cost shall bear interest thereon at the lesser of (i) 18% per annum or (ii) the maximum rate permitted by law and shall become immediately due and payable in full on demand of the Premises prior to the date Landlord delivers the Premises to TenantLandlord, its successors and assigns.

Hazardous Substances. (a) Landlord represents and warrants to Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating that to the protection best of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation Landlord’s knowledge as of the Premises. Tenant agrees that date hereof, (i) there is no Hazardous Substances Substance (defined below) shall be usedon, locatedin or under the Parking Premises in violation of any Environmental Law (defined below) as of the Commencement Date, stored (ii) the Parking Premises are not in violation of any Environmental Law, (iii) Landlord has not received any notice from any governmental authority alleging or processed on threatening that any part of the Parking Premises by Tenant or any is in violation of its agents, employees, contractors, assigns, subtenants, guest or inviteesan Environmental Law, and (iv) there are no pending or threatened claims, suits, enforcement actions or other litigation related to the presence of Hazardous Substances will be released Materials in, under or discharged from about the Parking Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancesTo the fullest extent permitted by law, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby Landlord agrees to promptly indemnify, protect, defend and hold harmless Landlord Tenant and Tenant’s members, partners, officers, directors, shareholders, employees, agents, successors and assigns for, from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities liabilities, penalties, fines, expenses and costs (including, but not limited towithout limitation, strict liability)clean-up, damagesremoval, injuriesremediation and restoration costs, expenses (includingsums paid in settlement of claims, but not limited toattorneys’ fees, consultant fees and expert fees and court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement ) that arise or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, from the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant on, in, under or about the Parking Premises and that are attributable to (a) any act or omission of Landlord or any of its Landlord’s agents, employees, employees or contractors, assignsor (b) any use, subtenants, guest ownership or invitees. Tenant shall not be responsible for any Hazardous Substances located on occupancy of the Parking Premises prior to the date Commencement Date, including without limitation any violation of any Environmental Law attributable to the period prior to Commencement Date, or (c) that arise or result from any breach of the representations or warranties of Landlord delivers contained in this Section 3.3(a). For purposes of this Parking Lot Lease, the phrase “to Landlord’s knowledge” or similar phrase shall mean only the actual (not implied, imputed or constructive) knowledge of Xxxx X. Xxxxx, Xxxx Xxxxxx and Xxxxxxx X. Xxxxxxx, each of which are officers of Landlord and are the only officers of Landlord involved in the acquisition of the Parking Lot Easement and development of the Parking Premises to Tenantin any material respect. The provisions of this Section 3.3(a) will survive the expiration or earlier termination of this Parking Lot Lease.

Hazardous Substances. Tenant shall complyLESSOR represents and warrants to LESSEE that LESSOR (a) is not presently, nor at its sole cost any time in the past did LESSOR engage in or permit, and expense(b) has no knowledge of any other person or entity’s engaging (whether past or present) or permitting (whether past or present) any operations or activities upon, with all lawsor any use or occupancy of any portion of the Property (including, ordinanceswithout limitation, ordersthe Leased Premises), rules for the purpose of or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal), accidental or intentional, of any hazardous substances, materials or wastes (individually, a “Hazardous Substance” and regulations of all collectively, “Hazardous Substances”) regulated under any federal, state, federalor local law, municipal and other governmental rule, or judicial agencies or bodies relating regulation pertaining to the protection of environment, public health, health or safety, welfare or the environment handling, manufacturing, treatment storage, use, transportation, spillage, leakage, dumping, discharge or disposal of Hazardous Substances (collectively, “Environmental Laws”) in the ). LESSOR and LESSEE each agree that they will not use, occupancy and operation generate, store, or dispose of any Hazardous Material on, under, about or within the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored Property or processed on the Leased Premises by Tenant or any in violation of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardLaw(s). Tenant hereby agrees to LESSOR shall indemnify, defend defend, and hold harmless Landlord LESSEE and the LESSEE Parties (as defined in Section 12 above), and LESSEE shall indemnify, defend, and hold harmless LESSOR and the LESSOR Parties (as defined in Section 12 above), from and against any and all losses, liabilities Claims (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims as also defined in Section 12) arising from the indemnifying party’s breach of any and every kind whatsoever paidobligation, incurred or suffered byrepresentation, or asserted againstwarranty contained in this paragraph, Landlord by except for Claims arising in whole or in any person, entity part out of the indemnified party’s use or governmental agency for, with respect to, or as a direct or indirect result of, occupancy of the presence in Property or the escape, leakage, spillage, discharge, emission Leased Premises. The indemnification provisions set forth in this Section 13 shall survive the expiration or release from the Premises earlier termination of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Agreement.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) Lessee and/or Sublessee shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency liable for, with respect to, or as a direct or indirect result of, the presence in on or under, or the escape, seepage, leakage, spillage, dischargeemission, emission discharge or release from the Premises Property caused by its officers, employees or agents of any Hazardous Substances Substance (including any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ fees, costs of any settlement or judgment or claims as awarded by Tenant the Court arising under the Comprehensive Environmental Response, Compensation and Liability Act, any so-called federal, state, or local “Superfund” or “Superlien” laws, statutes, law, ordinance, code, rule, regulations, order or decree regulating, with respect to or imposing liability, including strict liability, in regard to any Hazardous Substances), arising out of negligent acts of Lessee or Sublessee. For purposes of this Lease “Hazardous Substances” shall mean and include those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulations, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, and hazardous, toxic or dangerous waste, substance or material as now or at any time hereunder in effect. If Lessee receives any notice of (i) the happening of any material event involving the spill, release, leak, seepage, discharge or cleanup of any Hazardous Substance on the Leased Property or in connection with Lessee’s operations thereon, or (ii) any complaint, order, citation or material notice with regard to air emissions, water discharges, or any other environmental, health or safety matter affecting Lessee (an “Environmental Complaint”), from any person or entity (including without limitation, the EPA), then Lessee shall immediately notify Lessor orally and in writing of its agentssaid notice. The breach of any warranty, employeesrepresentation, contractorsor agreement contained in this Section shall be an Event of Default hereunder and shall entitle Lessor to exercise any and all remedies provided in this Lease, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantotherwise permitted by law.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant Debtor hereby agrees to indemnify, defend pay and hold Secured Party, and the officers, directors, employees, attorneys, agents and affiliates of Secured Party (Indemnitees) harmless Landlord from and against any and all lossesliabilities, liabilities (including, but not limited to, strict liability)claims, damages, injuriesfines, expenses penalties, liens, expenditures, costs, fees (including attorneys' fees), losses and charges including, but not limited without limitation, all costs of investigation, monitoring, legal representation, remedial response, removal, restoration or permit acquisition, which may now or in the future be undertaken, suffered, paid, awarded, assessed or otherwise incurred by or asserted against any of the Indemnitees as a result of or related to, court costseither directly or indirectly, litigation expensesthe improper use of wetlands; noise; solid, reasonable attorneys’ fees and costs liquid or gaseous waste generation, release, or other management activities; the presence or suspected presence of, Release (as defined below) of settlement or judgment), suits and claims threatened Release of any and every kind whatsoever paidHazardous Substances (as defined below) on, incurred in, under or suffered near any property or improvements thereon, owned, leased or operated by Debtor, regardless of whether or not caused by, or asserted against, Landlord within the control of Debtor and regardless of whether caused in whole or in part by any personIndemnitees' negligence. The obligations of Debtor under this paragraph 9 shall survive foreclosure (or its equivalents), entity repayment of the Indebtedness and termination of this Agreement and shall not be reduced or governmental agency forimpaired by any investigation made by or on behalf of any of the Indemnitees. For the purposes of this Paragraph 9, with respect to(i) "Hazardous Substances" means, without limitation, any explosives, radon, radioactive materials, asbestos, urea formaldehyde, foam insulation, polychlorinated biphenyls, petroleum oil, or fractions thereof, methane, "hazardous materials" as defined by or listed pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., hazardous wastes, hazardous or toxic substances or any other material defined as a hazardous substance in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et seq., or as a direct hazardous or indirect result oftoxic substance or other contaminant under applicable state or local law, regulation or ordinance; and (ii) "Release" has the presence same meaning as given to that term in Section 10l(22) of such Act and the regulations promulgated thereunder. Debtor shall bear the burden of proof by preponderance of the evidence that the indemnification contained in this Guaranty is inapplicable to any claim or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantassertion made hereunder.

Hazardous Substances. Tenant shall complyLESSOR represents and warrants to LESSEE that LESSOR (a) is not presently, nor at its sole cost any time in the past did LESSOR engage in or permit, and expense(b) has no knowledge of any other person or entity’s engaging (whether past or present) or permitting (whether past or present) any operations or activities upon, with all lawsor any use or occupancy of any portion of the Property (including, ordinanceswithout limitation, ordersthe Leased Premises), rules for the purpose of or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal), accidental or intentional, of any hazardous substances, materials or wastes (individually, a “Hazardous Substance” and regulations of all collectively, “Hazardous Substances”) regulated under any federal, state, federalor local law, municipal and other governmental rule, or judicial agencies or bodies relating regulation pertaining to the protection of environment, public health, health or safety, welfare or the environment handling, manufacturing, treatment storage, use, transportation, spillage, leakage, dumping, discharge or disposal of Hazardous Substances (collectively, “Environmental Laws”) in the ). LESSOR and LESSEE each agree that they will not use, occupancy and operation generate, store, or dispose of any Hazardous Material on, under, about or within the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored Property or processed on the Leased Premises by Tenant or any in violation of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardLaw. Tenant hereby agrees to LESSOR shall indemnify, defend defend, and hold harmless Landlord LESSEE and the LESSEE Parties (as defined in Section 12 above), and LESSEE shall indemnify, defend, and hold harmless LESSOR and the LESSOR Parties (as defined in Section 12 above), from and against any and all losses, liabilities Claims (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims as also defined in Section 12) arising from the indemnifying party’s breach of any and every kind whatsoever paidobligation, incurred or suffered byrepresentation, or asserted againstwarranty contained in this paragraph, Landlord by except for Claims arising in whole or in any person, entity part out of the indemnified party’s use or governmental agency for, with respect to, or as a direct or indirect result of, occupancy of the presence in Property or the escape, leakage, spillage, discharge, emission Leased Premises. The indemnification provisions set forth in this Section 13 shall survive the expiration or release from the Premises earlier termination of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Agreement.

Hazardous Substances. (a) Except as disclosed on the Tenant’s Questionnaire attached hereto as Exhibit C, Tenant agrees that it shall complynot store, at its sole cost and expenseuse, with all lawspossess, ordinancesgenerate, ordersdispose, rules and regulations release, spill or dispose of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, collectively “Environmental LawsHazardous Substance Activity”) any Hazardous Substances from, on or under the Premises or knowingly permit any other party to engage in the useany Hazardous Substance Activity from, occupancy and operation of on or under the Premises. Tenant agrees that no shall cause all of its Hazardous Substances (defined below) shall be used, located, stored or processed Substance Activity on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will during the term to be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include conducted in accordance with all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardapplicable laws. Tenant hereby agrees to indemnify, defend shall indemnify and hold harmless Landlord and Landlord’s officers, members, managers, agents and employees (collectively, the “Landlord Indemnified Parties”) from any claim, demand, liability, damage, loss or expense (including attorneys’ fees and court costs) that Landlord might suffer as a result of any Hazardous Substance Activity of Tenant, any agent of Tenant, or any other person present at the Premises by permission of Tenant (a “Tenant Permittee”), from, on or under the Premises during the Term, except to the extent any such claim, demand, liability, damage, loss or expense is caused by or arises out of (i) any Hazardous Substance Activity by Landlord or any agent of Landlord (a “Landlord Hazardous Substance Activity”), or (ii) any Hazardous Substance Activity occurring prior to the Turnover Date (a “Previous Hazardous Substance Activity”), provided, however, that Tenant shall be responsible to indemnify and hold the Landlord Indemnified Parties harmless from and against any such claim, demand, liability, damage, loss or expense if, and all lossesonly to the extent, liabilities physically caused by Tenant’s knowing or negligent exacerbation of any Landlord Hazardous Substance Activity or Previous Hazardous Substance Activity. In any action by a Landlord Indemnified Party to enforce Tenant’s obligations hereunder arising out of any Hazardous Substance which is of the same type or nature as the Hazardous Substances, or any constituent element thereof, which are either (includinga) the subject of the Corrective Action Plan No. 9735209 dated April 16, but not limited to1999 that Honeywell International, strict liabilityInc. is implementing at the Premises (the “CAP”) or (b) identified in the Environmental Site Assessment report for the Premises prepared by Xxxxx & Xxxxxxxxxx, Inc. and dated January 14, 2003 (the “Phase I”), damagesthe burden shall be upon such Landlord Indemnified Party to show that the claim, injuriesdemand, expenses liability, damage, loss or expense for which indemnity is sought was caused by Tenant’s Hazardous Substance Activity and not by any Landlord Hazardous Substance Activity or Previous Hazardous Substance Activity; provided, however, if Tenant conducted any Hazardous Substance Activity on the Premises involving such Hazardous Substance or a constituent element thereof, the burden of proof shall not be allocated to either Landlord or Tenant pursuant to this paragraph. Landlord shall indemnify and hold harmless Tenant and Tenant’s officers, members, managers, agents and employees (includingcollectively, but not limited tothe “Tenant Indemnified Parties”) from any claim, court costsdemand, litigation expensesliability, reasonable damage, loss or expense (including attorneys’ fees and costs of settlement or judgment), suits and claims of court costs) that any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or Tenant Indemnified Party might suffer as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant Substance Activity of Landlord, or any agent of its agentsLandlord, employeesfrom, contractors, assigns, subtenants, guest on or invitees. Tenant shall not be responsible for any Hazardous Substances located on under the Premises prior to during the date Landlord delivers the Premises to TenantTerm.

Hazardous Substances. Tenant Sublessee shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating permit any "Hazardous Substances" (hereinafter defined) to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated or processed disposed in, on or about the Sublease Premises by Tenant or any of Sublessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees, and no except for such Hazardous Substances will as are normally utilized in the activities which are permitted on the Sublease Premises pursuant to the Master Lease and this Sublease and which are necessary to Sublessee's business. Any permitted Hazardous Substances at the Sublease Premises, and all containers therefore, shall be released used, kept, stored and disposed of in a manner that complies with all federal, state and local laws or discharged from the Premisesregulations applicable to any such Hazardous Substance. The term “Hazardous Substances” Sublessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold harmless Landlord Sublessor, its officers, directors, shareholders and employees from and against any and all lossesclaims, damages, fines, judgments, penalties, costs, expenses or liabilities (including, but not limited towithout limitation, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paidall sums paid for settlement of claims, incurred attorneys' fees, consultant and expert fees) arising during or suffered byafter the Sublease Term from or in connection with the use, storage, generation or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises disposal of any Hazardous Substances in, on or about the Sublease Premises by Tenant or any of Sublessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees. Tenant As used herein, "Hazardous Substances" means any substance which, is toxic, ignitable, reactive, or corrosive and which is regulated by any state or local government or by the United States government. "Hazardous Substances" includes any and all material or substances which are defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous Substances" includes, but is not restricted to, asbestos, polychlorinated biphenyls ("PCBs") and petroleum products. Sublessee's indemnification obligations hereunder shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenantexpiration or earlier termination of this Sublease.

Hazardous Substances. Tenant Each Party (the “Responsible Party”) shall complycomply with, at its sole cost and expenseshall indemnify the Indemnified Parties (as defined below) against any obligations imposed under or violation of, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies any Law relating to the protection of public healthgeneration, safetymanufacture, welfare or the environment (collectivelystorage, “Environmental Laws”) in the use, occupancy and operation release or threatened release, disposal, transportation or presence of any Hazardous Substance on or under the Premises. Tenant agrees that no Hazardous Substances Property by the Responsible Party, except for a violation of applicable Law by an Indemnified Party (as defined below) resulting directly from any release of Hazardous Substances by an Indemnified Party. Indemnified Parties shall be usedhave no liability or responsibility under this Agreement, locatedand, stored or processed on without limiting the Premises by Tenant or any generality of its agentsSection 7.3(b) hereof, employees, contractors, assigns, subtenants, guest or inviteesthe Responsible Party shall hold the Indemnified Parties harmless and defend the Indemnified Parties from, and no Hazardous Substances will be released or discharged from reimburse the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materialsIndemnified Parties for, any pollutant or contaminantand all loss, costs, liability, damage and expense (including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgmentcosts), suits and claims of any and every kind whatsoever paidincurred in connection with or arising from, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on or within the Premises prior Property resulting from the Responsible Party’s acts or omissions. These indemnifications shall survive the termination of this Agreement. Each Party shall immediately notify the other Party in writing should it discover or be informed of the presence or any threatened release or presence of any Hazardous Substance on the Property. Lessee has had the following environmental studies prepared on the Property: [_______________________]. Lessee represents that it has reviewed and is familiar with all of the matters contained in these studies. If Lessee’s use of the Property (including, without limitation, its construction activities) triggers any obligations imposed under any Law related to the date Landlord delivers the Premises to TenantHazardous Substances, Lessee shall promptly and completely comply with such Laws at it sole cost and expense.

Hazardous Substances. Tenant hereby covenants and agrees that Tenant shall complynot cause or permit any "Hazardous Substances" (as hereinafter defined) to be generated, at its sole cost and expenseplaced, with all lawsheld, ordinancesstored, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored located or processed on disposed of at the Premises by Tenant Project or any part thereof other than commonly used office cleaning supplies in commercially reasonable quantities. For purposes of its agentsthis Article 41, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “"Hazardous Substances” " shall mean and include all hazardous and those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic substancespollutants designated by Congress or the EPA or which are defined as hazardous, waste toxic, pollutant, infectious or materialsradioactive by any other federal, any pollutant state or contaminantlocal statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, PCB’sstrict liability) or standards of conduct concerning, asbestos and raw materials that include hazardous constituents any hazardous, toxic or any other similar substances dangerous waste, substance or materials that are material, as now or hereafter included under or regulated by at any time hereinafter in effect (collectively "Environmental Laws or that would pose a health, safety or environmental hazardLaws"). Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in in, or the escape, leakage, spillage, discharge, emission or release from from, the Demised Premises of any Hazardous Substances by Tenant (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any so-called federal, state or local "Superfund" or "Superlien" laws or any other Environmental Law); provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant's violation of its agentsthe covenant contained in this Article. The obligations of Tenant under this Article shall survive any expiration or termination of this Lease. To the best of the Landlord's knowledge, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any there are currently no Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantexisting in building.

Hazardous Substances. Tenant hereby covenants and agrees that Tenant shall complynot cause or permit any "Hazardous Substances" (as hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at its sole cost the Project or any part thereof except for Hazardous Substances as are commonly and expenselegally used or stored as a consequence of using the Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in CERCLA (as hereinafter defined), and so long as Tenant strictly complies or causes compliance with all laws, ordinances, orders, applicable governmental rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in concerning the use, occupancy storage, production, transportation and operation disposal of such Hazardous Substances. Promptly upon receipt of Landlord's request, Tenant shall submit to Landlord true and correct copies of any reports filed by Tenant with any governmental or quasi-governmental authority regarding the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedFor purposes of this Section 39, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “"Hazardous Substances” " shall mean and include all hazardous and those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic substancespollutants designated by Congress or the EPA or which are defined as hazardous, waste toxic, pollutant, infectious or materialsradioactive by any other federal, any pollutant state or contaminantlocal statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, PCB’sstrict liability) or standards of conduct concerning, asbestos and raw materials that include hazardous constituents any hazardous, toxic or any other similar substances dangerous waste, substance or materials that are material, as now or hereafter included under or regulated by at any time hereinafter in effect (collectively "Environmental Laws or that would pose a health, safety or environmental hazardLaws"). Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, ' the presence in in, or the escape, leakage, spillage, discharge, emission or release from from, the Premises of any Hazardous Substances caused by Tenant (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any so-called federal, state or local "Superfund" or "Superlien" laws or any other Environmental Law); provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant's violation of its agentsthe covenant contained in this Section 39. The obligations of Tenant under this Section shall survive any expiration or termination of this Lease. Landlord represents and warrants to Tenant that, employeesto the best of Landlord's knowledge, contractors, assigns, subtenants, guest or invitees. Tenant shall there will not be responsible for as of the Final Delivery Date, any Hazardous Substances located on or about the Premises prior Project or the Premises, except for Hazardous Substances as are commonly and legally used in the construction of the Building and the tenant improvements to the date Landlord delivers the Premises to TenantPremises, provided that such use complies with all applicable Environmental Laws.

Hazardous Substances. Tenant Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises as a landfill or as a dump for garbage or refuse, and shall complynot permit any hazardous or toxic waste, at its sole cost substance, contaminant, asbestos, oil, radioactive or other material, the removal of which is required or the maintenance or storage of which is prohibited, regulated, or penalized by any local, state, or federal agency, authority, or governmental unit, to be brought onto the Premises or if so brought or found located thereon, shall cause the same to be immediately removed, unless the maintenance, handling, storage, use, treatment, and expense, disposal of same is in full compliance with all lawsapplicable federal, ordinances, orders, rules state and local laws and regulations pertaining thereto, and Lessee’s obligation to so remove shall survive the termination of this Lease. Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises in any manner other than in full compliance with all state, applicable federal, municipal state and other local environmental laws and regulations. If Lessee receives any notice from a governmental agency of violation of any environmental laws and regulations, Lessee shall promptly deliver a copy of such notice to Lessor. In the event of any release of any hazardous or judicial agencies toxic substances, materials or bodies relating to the protection of public healthcontaminants at, safetyon, welfare in, under or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation affecting any portion of the Premises, Lessee shall promptly notify Lessor of such release. Tenant Lessee further covenants and agrees that no Hazardous Substances to indemnify, protect and save Lessor harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (defined belowincluding, without limitation, attorneys’ and experts’ fees and disbursements) shall which may at any time be usedimposed upon, located, stored incurred by or processed on the Premises by Tenant asserted or awarded against Lessor or arising from or out of any of its agents, employees, contractors, assigns, subtenants, guest hazardous or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste materials or materialscontaminants from all or any portion of the Premises introduced by Lessee (or any person or entity claiming by, any pollutant through or contaminantunder Lessee), including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against : (i) the costs of removal of any and all lossessuch hazardous or toxic substances, liabilities materials or contaminants from all or any portion of the Premises; (includingii) additional costs required to take necessary precautions to protect against the release of such hazardous or toxic substances, but not limited tomaterials or contaminants on, strict liability)in, damagesunder or affecting the Premises into the air, injuriesany body of water, expenses any other public domain or any surrounding areas; and (includingiii) any costs incurred to comply, but not limited toin connection with all or any portion of the Premises with all applicable laws, court costsorders, litigation expensesjudgments and regulations with respect to such hazardous or toxic substances, reasonable attorneys’ fees and costs of settlement materials or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered contaminants introduced by, or asserted againston behalf of Lessee. This indemnity shall survive the expiration or earlier termination of this Lease. In addition, Landlord at the end of the term of this Lease or earlier termination hereof, Lessee, upon request by any personLessor, entity or governmental agency forshall cause, with respect toat Lessee’s expense, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from an environmental study to be conducted of the Premises by a person or firm approved by Lessor to ensure that no hazardous wastes, hazardous substances or other such materials have been stored, handled, treated or disposed of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to during the date Landlord delivers the Premises to Tenantterm of this Lease in violation of any applicable law.

Hazardous Substances. (a) Except for small quantities of Hazardous Substances customarily used in connection with general office uses (“Permitted Substances”), Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating permit any Hazardous Substance to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated or processed disposed of on or in the Premises Building, the Project or the Premises, by Tenant or any of its Tenant, Tenant’s agents, employees, contractors, assigns, subtenants, guest contractors or invitees, and no invitees without first obtaining Landlord’s written consent. If any Hazardous Substances will be released (other than Permitted Substances) are used, stored, generated, or discharged from disposed of on or in the Building, the Project or the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materialsif the Building, the Project or the Premises, become contaminated in any pollutant manner for which Tenant is legally liable or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated otherwise become affected by any Environmental Laws storage, release or that would pose discharge of a healthHazardous Substance, safety Tenant shall immediately notify Landlord of the release or environmental hazard. discharge of a Hazardous Substance for which Tenant hereby agrees to is legally liable and Tenant shall indemnify, defend and hold harmless Landlord and its partners from and against any and all lossesclaims, liabilities damages, fines, judgments, penalties, costs, liabilities, or losses (including, but not limited towithout limitation, strict liability)a decrease in value of the Project, damagesthe Building or the Premises, injuriesdamages caused by loss or restriction of rentable or usable space, expenses (includingor any damages caused by adverse impact on marketing of the space, but not limited toand any and all sums paid for settlement of claims, court costs, litigation expenses, reasonable attorneys’ fees fees, consultant, and costs expert fees) arising during or after the term of settlement or judgment)this Lease, suits and claims arising as a result of any and every kind whatsoever paidcontamination, incurred release or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises discharge of any Hazardous Substances caused by Tenant or any of Tenant, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal, or restoration mandated by federal, state or local agency or political subdivision or required by any Interest Holder. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Premises, the Building or the Project and the same results in any contamination, release or discharge, Tenant shall not be responsible for promptly, at its sole expense, take any Hazardous Substances located on and all necessary actions to return the Premises Premises, the Building or the Project, to the conditions existing prior to the date presence of any such Hazardous Substance on the Premises, the Building or the Project and in compliance with all applicable laws. Tenant shall first obtain Landlord’s approval for any such remedial action and the approval of the contractors doing the work. Landlord delivers shall have the Premises right to do the work, at Tenant’s sole cost and expense, if Landlord determines an emergency exists or if necessary to protect the health and safety of other tenants of the Project.

Hazardous Substances. Tenant covenants that it shall complynot, at its sole cost and expenseany time during the Term of this Lease, with all lawsplace, ordinancesstore, ordersinstall upon, rules and regulations of all statedischarge, federalrelease or generate on, municipal and in or under the Property, or allow to escape from the Property, any pollutants or other governmental toxic or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (as defined below) shall be used), located, stored or processed on the Premises by Tenant containers or any of its agents, employees, contractors, assigns, subtenants, guest storage or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (processing facilities thereof including, but not limited to, strict liabilityany asbestos or asbestos containing materials, polychlorinated biphenyls (“PCBs”) in the form of electrical equipment, fluorescent light fixtures with ballasts, cooling oils of any other form, or any solid, liquid, gaseous or thermal irritant or contaminant, such as smoke, vapor, soot, fumes, alkalis, acids, chemicals, pesticides, herbicides, sewage, industrial sludge or other similar wastes, or industrial, nuclear or medical by-products, or install underground storage tanks (whether filled or unfilled) except for materials properly used, stored and disposed of in Tenant’s normal course of business. Except to the extent of any existing condition or due to Landlord’s negligence or willful misconduct or to the negligence or wilful misconduct of any other tenant of the Project (except any sublessee or assignee of Tenant which may be permitted hereunder), Tenant shall protect, defend, indemnify and hold harmless Landlord from the costs (including costs of remediation), expenses (including reasonable attorneys’ fees), liabilities, losses, damages, injuriessuits, expenses (includingactions, but not limited tofines, court costspenalties, litigation expenses, reasonable attorneys’ fees and costs of settlement claims or judgment), suits and claims demands of any kind arising out of or in any way connected with, and every kind whatsoever paid, incurred Landlord shall not be liable to Tenant or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result other party on account of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of Tenant’s sublessees and assignees (to the extent permitted hereunder) or its servants, agents, employees, contractorslicensees, assignsinvitees, subtenantsand contractors or those of its sublessees or assignees (to the extent permitted hereunder) placing, guest storing, installing, discharging, releasing or invitees. Tenant shall not be responsible for generating on, in, under or about the Property, or allowing to escape from the Property, any Hazardous Substances located on during the Premises prior to the date Landlord delivers the Premises to TenantTerm of this Lease or any renewal or extension hereof.

Hazardous Substances. Tenant shall complyBorrower represents and warrants that, at except as previously disclosed in writing by Borrower or its sole cost agent to Lender: no hazardous or toxic substance or material or other waste (“Hazardous Substance”) as defined in or regulated under the Comprehensive Environmental Response, Compensation and expenseLiability Act of 1980, with all lawsas amended (42 X.X.X. §0000 et. seq.), ordinancesthe Resource Conservation and Recovery Act (42 X.X.X. §0000, orders, rules and regulations of all state, et. seq.) or any other federal, municipal and other governmental state or judicial agencies local law, order or bodies relating regulation pertaining to the protection of public health, safety, welfare safety or the environment (collectively, “Environmental LawsLaw”) in has, to the useknowledge of Borrower ever been disposed, occupancy released, discharged or spilled on or under any real property now or heretofore ever owned, leased, operated or controlled by Borrower or any past, present or anticipated future subsidiary or affiliate of Borrower, that no such real property has ever been used as a dump or landfill, and operation that, to Borrower’s knowledge, no litigation or administrative action or proceeding has been commenced or threatened against Borrower or any subsidiary or affiliate of the PremisesBorrower alleging a violation of any Environmental Law. Tenant agrees Borrower warrants and covenants that no all real property now and at any time hereafter owned, leased, operated or controlled by Borrower and each subsidiary and affiliate of Borrower is and shall remain free from any contamination by any Hazardous Substances (defined below) shall be usedSubstance and that Borrower and each such subsidiary and affiliate has complied and will comply with all Environmental Laws affecting each of them, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesrespectively, and no Hazardous Substances will be released affecting all property, whether real, personal or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancesmixed, waste or materialsheretofore, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under owned, leased, operated or regulated controlled by any Environmental Laws or that would pose a health, safety or environmental hazardof them. Tenant Borrower hereby agrees to indemnify, defend indemnifies Lender and hold holds Lender harmless Landlord from and against any and all losses, liabilities costs, expenses (including, including but not limited toto reasonable attorneys’ fees), strict liability)injuries, damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits liabilities and claims of any and every kind whatsoever paid, incurred or suffered by, by or asserted against, Landlord against Lender by any personperson or entity, entity or including but not limited to any governmental agency forentity, whatsoever with respect to, to or as a direct or indirect result of, of the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances Substance on or under any real property now and at any time hereafter owned, leased, operated or controlled by Tenant Borrower or any subsidiary or affiliate of its agentsBorrower, employeesor the violation or alleged violation by Borrower or any such subsidiary or affiliate of any Environmental Law or, contractorswithout limitation of the foregoing, assignsany inaccuracy of any representation or warranty by Borrower contained in this Section or any breach by Borrower or other default in the covenants contained in this Section. The indemnification established under the preceding sentence shall survive the maturity as well as the repayment or other discharge of the Obligations and any termination of this Agreement whether pursuant to repayment of the Obligations, subtenantsrepossession and/or sale of the Collateral or otherwise, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers maximum extent permitted by law. Borrower expressly acknowledges that any misrepresentation by Borrower under this Section, or any failure of condition or breach of covenant by Borrower or other default in any of the Premises to Tenantobligations of Borrower under this Section shall be and constitute an Event of Default under this Agreement.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Leased Premises, but excluding any violations existing on the Effective Date not caused by Tenant, its agents, contractors or employees and excluding any violations by Landlord or any party other than Tenant or Tenant’s agents, contractors or employees. Tenant agrees that no Hazardous Substances (as defined belowhereinafter) shall be used, located, stored or processed on the Leased Premises or be brought onto any other portion of the Buildings by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, except for minimal quantities customarily associated with office use in first class office buildings and required for Tenant’s business, and no Hazardous Substances will be released or discharged from the PremisesLeased Premises (including, but not limited to, ground water contamination). The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances placed on or discharged from the Leased Premises or the Buildings by Tenant or any of its agents, employees, contractors, assigns, assigns or subtenants, guest including, without limitation, any losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or invitees. Tenant shall not be responsible for judgment), suits and claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantso-called federal, state or local “Superfund” or “Superlien” laws or any other Environmental Law.

Hazardous Substances. Tenant shall complyLessee covenants and warrants that it will not engage in or permit any person or entity to engage in any transportation, at its sole cost and expensestorage, with all lawsplacement, ordinanceshandling, orderstreatment, rules and regulations of all statedischarge, federalgeneration, municipal and other governmental production, or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment disposal (collectively, “Environmental Laws”‘Treatment’) of any hazardous substance on or which affects the premises, the Building of which it is a part, or the underlying real estate ground and ground water in the useviolation of any application law, occupancy statute, ordinance, rule, or regulation. Lessee hereby agrees it will indemnify defend, save and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedhold harmless Lessor and Lessor’s employees, located, stored or processed on the Premises by Tenant or any of its agents, employeesand their respective heirs, contractors, assigns, subtenants, guest or inviteessuccessors, and no Hazardous Substances will be released or discharged from assigns (collectively, the Premises. The term “Hazardous Substances” shall mean ‘Lessee’s Indemnities’) against and include all hazardous from, and toxic substances, waste or materialsto reimburse the Lessee’s Indemnities with respect to, any pollutant or contaminantand all damages, includingclaims, liabilities, losses, costs, and expenses (including without limitation, PCB’sall attorney’s fees and expenses, asbestos court costs, administrative costs, and raw materials costs of appeals), incurred by or asserted against the Lessee’s Indemnities by reason or arising out of the breach of any representation or undertaking of Lessee under this Paragraph 30 of this Lease. Lessor warrants that include hazardous constituents or to the best of its knowledge, information, and belief the premises, the building of which it is a part, and the underlying real estate ground and ground water do not contain any, nor are they affected by any, such waste, nor has it received notification from any other similar substances or materials agency that are now or hereafter included under or regulated by any Environmental Laws or that would pose the premises, the building of which it is a health, safety or environmental hazardpart and the underlying real estate ground and ground water has been targeted for a Superfund clean up. Tenant hereby Lessor agrees to indemnify, defend defend, save, and hold harmless Landlord Lessee, its directors, officers, shareholders, employees, attorneys, insurers, agents, and their respective heirs, successors, and assigns (collectively, the ‘Lessor’s Indemnities) from and against against, and to reimburse the Lessor’s Indemnities with respect to, any and all lossesclaims, liabilities (including, but not limited to, strict liability)liabilities, damages, injurieslosses, and expenses (including, but not limited to, all attorneys, fees, consulting fees, administrative costs, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement appeals) incurred by or judgmentasserted against the Lessor’s Indemnities by reason of, arising out of, or resulting from the presence or suspected presence of any waste on the premises, the building of which it is a part, or the underlying real estate ground and ground water. As used herein, ‘Hazardous Substance’ shall have the same meaning as that term or the term ‘Hazardous Materials’ or the term ‘Hazardous Waste’ is defined by any law, statute, ordinance, rule, or regulatory authority, and including, but not limited to, petroleum products, radioactive wastes, polychlorinated biphenyls, and asbestos (collectively, ‘waste’), suits but will not include body fluids received for medical testing, provided Lessee’s storage and claims disposal of any fluids complies with KRS chapter 24 and every kind whatsoever paidall applicable regulations promulgated thereunder. The provision, incurred or suffered bycovenants, and warranties in this Paragraph 31 will survive the termination, cancellation, modification, rescission, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises expiration of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Lease.

Hazardous Substances. Tenant (a) shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the not use, occupancy and process, release, discharge, generate, treat, store, transport or dispose of any Hazardous Substances on, in, under or through the Premises or Property (other than substances necessary for the proper operation of the Premises. Tenant agrees that no business machines (E.G., photocopying machines and printers)), and (b) shall prohibit its employees, licensees, subtenants, invitees and third party contractors from using, processing, releasing, discharging, generating, treating, storing or disposing of any Hazardous Substances (defined below) shall be usedon, locatedin, stored under or processed on through the Premises by or Property, in either case in quantities or concentrations or in a manner which would violate any applicable Requirement. In addition to any other obligation or liability that Tenant may have hereunder or under applicable law, if Tenant or any of its agents, Tenant's employees, contractors, assignslicensees, subtenants, guest invitees or inviteesthird party contractors uses, and no processes, releases, discharges, treats, generates, stores, transports or disposes of any Hazardous Substances will be released Substance on, in, under or discharged through the Premises or the Property in violation of the terms of this Lease or applicable law, then Tenant upon discovering same or upon notice from Landlord or any governmental authority shall immediately remove such Hazardous Substance from the Premises. The term “Hazardous Substances” shall mean Premises and include the Property at Tenant's sole cost and expense in accordance with all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardapplicable Requirements. Tenant hereby agrees to indemnifyindemnifies and holds Landlord harmless from any loss, defend and hold harmless Landlord from and against any and all lossescost, liabilities (includingclaim, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, damage or expense including reasonable attorneys’ ' fees and costs arising out of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances breach by Tenant or any of its agentsobligations under this Section, employees, contractors, assigns, subtenants, guest or invitees. Tenant which indemnification obligation shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenant.expiration or

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, or subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the PremisesPremises by Tenant or its agents, employees, contractors, assigns, or subtenants. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, or subtenants. Notwithstanding anything else to the contrary herein, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on in the Premises or the Project unless Tenant or its agents, employees, or contractors brought such Hazardous Substances into the Premises or the Project. In the event that any environmental survey or inspection is required for any permit, Landlord shall be solely responsible for the cost of such survey or inspection. Landlord shall remove any existing known Hazardous Substances from the Premises prior to the date delivery of possession thereof to Tenant. Landlord delivers shall protect, defend, indemnify and hold Tenant harmless of, from and against all claims, actions, liens, demands, costs, damages, punitive damages, expenses, fines and judgments (including legal costs and attorneys fees) incurred by reason of any actual or asserted presence of hazardous materials in the Premises to Tenantor the Project and/or spills or other contamination of air, soil, or water by or resulting from any hazardous materials not installed by Tenant or its agents, employees, or contractors, or resulting from removal thereof. The terms of this paragraph shall survive the termination of the Lease.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises, but Tenant shall not be responsible for any violation of Environmental Laws by Landlord in the use, occupancy or operation of the Premises by Landlord prior to the date of this Lease. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesPremises, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, Lessee acknowledges that Lessor may incur costs (A) for complying with all laws, ordinancescodes, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies ordinances relating to the protection of public healthHazardous Substance, safety, welfare or the environment (collectively, “Environmental Laws”B) otherwise in the use, occupancy and operation of the Premises. Tenant agrees that no connection with Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantSubstance, including, without limitation, PCB’sthe following: (i) Hazardous Substance present in soil or ground water; (ii) Hazardous Substance that migrates, asbestos flows, percolates, diffuses or in any way moves onto or under the real property on which the Premises is located (“Real Property”); (iii) Hazardous Substance present on or under the Real Property as a result of any discharge, dumping or spilling (whether accidental or otherwise) on the Real Property by other tenants of the Real Property or their agents, employees, contractors or invitees, or by others; and raw materials that include (iv) material which becomes Hazardous Substance due to a change in laws, codes, regulations or ordinances which relate to hazardous constituents or any other similar toxic material, substances or materials waste. Lessee agrees, except as provided below, that are now or hereafter included under or regulated the costs incurred by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, Lessor with respect to, or in connection with, complying with laws, codes, regulations or ordinances relating to Hazardous Substance shall be a Common Area Operating Expense, unless the cost of such compliance, as a direct or indirect result ofbetween Lessor and Lessee, is made the responsibility of Lessee under the Lease. Notwithstanding anything to the contrary in the Lease, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant following costs shall not be responsible for any included in Common Area Operating Expenses and shall not be the obligation of Lessee: (A) costs incurred to comply with laws relating to the removal of Hazardous Substances located on Substance which was in existence in the Premises Project prior to the Commencement Date, and was of such a nature that a federal, state or municipal governmental authority, if it had then had knowledge of the presence of such Hazardous Substance, in the state, and under the conditions that it existed in the Project, would have then required the removal of such Hazardous Substance or other remedial or containment action with respect thereto; and (B) costs incurred to remove, remedy, contain, or treat Hazardous Substance, which Hazardous Substance is brought into the Project after the date Landlord delivers hereof by Lessor or any other tenant of the Premises Project and is of such a nature, at that time, that a federal, state or municipal governmental authority, if it had then had knowledge of the presence of such Hazardous Substance, in the state, and under the conditions, that it exists in the Project, would have then required the removal of such Hazardous Substance or other remedial or containment action with respect thereto. To the extent any such Common Area Operating Expense relating to Tenant.Hazardous Substance is subsequently recovered or reimbursed through insurance, or recovery from responsible third parties, or other action, Lessee shall be entitled to a proportionate share of such Common Area Operating Expense to which such recovery or reimbursement relates,

Hazardous Substances. Tenant shall complyat all times comply with applicable local, at its sole cost state and expense, with all federal laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to Hazardous Substances. “Hazardous Substances” means (1) any oil, flammable substances, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants; (2) asbestos in any form which is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contains dielectric fluid containing polychlorinated biphenyl, or radon gas; (3) any chemical, materials or substance defined as or included in the protection definition of public health“hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous waste,” “restricted hazardous waste,” or “toxic substances,” or words of similar import under any applicable local, safetystate or federal law or under the regulations adopted or publications promulgated pursuant thereto; (4) any other chemical, welfare material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or may or could pose a hazard to the health and safety of the occupants of the Premises or the environment owners and/or occupants of property adjacent to or surrounding the Premises, or any other person or entity coming upon the Premises or adjacent property; and (collectively5) any other chemical, material or substance that may or could pose a hazard to the environment. Tenant shall not: (i) use the Premises for the storage of Hazardous Substances except for such activities that are part of the course of Tenant’s ordinary business (the “Environmental LawsPermitted Activities”); provided, such Permitted Activities are conducted in accordance with all applicable laws, orders, regulations and ordinances; (ii) in use the use, occupancy and operation Premises as a landfill or dump; or (iii) install any underground tanks of any type at the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedat its own expense maintain in effect any and all permits, locatedlicenses or other governmental approvals, stored or processed if any, required for Tenant’s use of the Premises and require the same of any subtenants. Tenant shall make and cause any subtenant to make all disclosures required of Tenant by any laws, and shall comply and cause subtenant to comply with all orders concerning Tenant’s use of the Premises issued by any governmental authority having jurisdiction over the Premises and take all action required by such governmental authorities to bring the Tenant’s activities on the Premises by Tenant or any of its agentsinto compliance with all environmental and other laws, employeesrules, contractors, assigns, subtenants, guest or invitees, regulations and no Hazardous Substances will be released or discharged from ordinances affecting the Premises. The term “If at any time Tenant shall become aware, or have reasonable cause to believe, that any Hazardous Substances” Substance has been released or has otherwise come to be located on or beneath the Premises, Tenant shall, give written notice of that condition to Landlord. Tenant shall mean be responsible for, and include shall indemnify, defend and hold Landlord harmless from and against, all hazardous environmental claims, demands, damages and toxic substances, waste or materials, any pollutant or contaminantliabilities, including, without limitation, PCB’scourt costs and reasonable attorneys’ fees, asbestos and raw materials that include hazardous constituents if any, arising out of, or in connection with the generation, storage, disposal or presence caused by or resulting from Tenant, its employees, officers, directors, agents or invitees of any other similar substances Hazardous Substance in, on or materials that about the Premises whether prior to or after the Commencement Date. Prior to the Commencement Date, Landlord will have delivered to Tenant copies of any Phase I or, if applicable, Phase II environmental assessments relating to the Premises which are now or hereafter included under or regulated by any Environmental Laws or that would pose a healthin Landlord’s possession (collectively, safety or environmental hazardthe “Reports”). Tenant hereby agrees acknowledges that it has previously received a copy of the so-called Phase I environmental assessment dated June 2, 2006 and the Phase II environmental assessment dated June 6, 2006, both prepared by Nova Consulting. Notwithstanding anything herein to indemnifythe contrary, defend and hold harmless Landlord from and against any and all lossesexcept as disclosed in the Reports, liabilities to Landlord’s knowledge (including, but not limited to, strict liabilityas defined in Section 5.5 above), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises are not in violation of any Hazardous Substances by Tenant or any of its agentsapplicable environmental laws. Notwithstanding anything to the contrary contained in this Lease, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for the cost of remediating, removing or otherwise addressing any Hazardous Substances located on Substances, including any existing underground storage tanks, that were introduced upon the Premises prior to the date Landlord delivers Tenant’s occupancy of the Premises to Tenant.and which Tenant has not interfered with or otherwise enhanced or enabled. Further, Tenant shall not be responsible for removing the following above-ground tanks from the Premises at the expiration or earlier termination of the Term:

Hazardous Substances. Tenant shall complyTo the best knowledge of Lessor, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”a) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed are present on the Premises by Tenant Industrial Center of the soil, surface water or goundwater thereof, (b) no underground storage tanks or asbestos-containing building materials are present on the Industrial Center, and (c) no action, proceeding, or claim is pending or threatened involving the Industrial Center concerning any Hazardous Substances or pursuant to any Applicable Laws or Requirements. Under no circumstance shall Lessee be liable for, or indemnify Lessor from, any Hazardous Substance present at any time on or about the Industrial Center, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any Applicable Laws or Requirements relating to any such Hazardous Substance, except to the extent that any of the foregoing directly or indirectly result from the release or emission of Hazardous Substances on or about the Premises caused by Lessee, its agents, employees, employees or contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” Lessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessor, its agents, contractors, stockholders, directors, successors, representatives and assigns, from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensesclaims, reasonable liabilities and damages (including attorneys’ fees ' and costs consultants' fees) of settlement every type and nature directly or judgment), suits and claims indirectly arising out of or in connection with any and every kind whatsoever paid, incurred such release or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of Lessee, its agents, employeesemployees or contractors. Lessor shall indemnify defend and hold harmless Lessee, its agents, contractors, stockholders, directors, successors, representatives and assigns, subtenantsfrom and against all losses, guest costs, claims, liabilities and damages (including attorneys' and consultants' fees) of every type and nature directly or invitees. Tenant shall not be responsible for indirectly arising out of or in connection with any release or emission of Hazardous Substances located on caused by Lessor, its agents, employees or contractors, or arising out of or in any way connected with the Premises prior to the date Landlord delivers the Premises to Tenantbreach of any warranties or representations by Lessor under this paragraph 17.

Hazardous Substances. Tenant shall complycovenants and agrees (i) that Tenant has not suffered, at its sole cost and expensepermitted, with all lawsintroduced or maintained in, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental on or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation about any portion of the PremisesLeased Premises since the commencement of the term of the Carrington Lease (as defined in Paragraph C of Exhibit "X" xx xxxs Lease), any Hazardous Material [as defined in Section ll(d)(i)) except as may be permitted by law, it being understood that Tenant may, from time to time, handle such substances in conjunction with Tenant's laboratory operations. Tenant further covenants and agrees that no to indemnify, protect and save Landlord harmless against and from any and all damage, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including, without limitation. attorneys' and experts' fees and disbursements) which may at any time be iniposed upon, incurred by or asserted or awarded against landlord and arising from or out of any Hazardous Substances (defined below) shall be usedMaterial on, locatedin, stored under or processed on the Premises by Tenant affecting all or any portion of its agentsthe Building. Leased premises, employeesor Property, contractorsintroduced by, assignsor on behalf of, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantTenant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against (i) the costs of removal of any and all lossesHazardous Materials from all or any portion of the Building, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement Leased Premises or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered byProperty, or asserted againstreleased, Landlord by discharged, leaked or spilled from the Building, teased Premises or Property into the air, surface water, groundwater or land, and (ii) any person, entity or governmental agency for, costs incurred to comply with respect to, or as a direct or indirect result of, of the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises violation of any Environmental Requirements [as defined in Section ll(d)(ii)]. The preceding portions of this provision do not apply to Hazardous Substances by Tenant Material which may be located in the Building, Leased Premises, or any of its agents, employees, contractors, assigns, subtenants, guest Property at or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers initial commencement (hereto or hereafter) of any work, construction, repairs or alterations therein by Tenant under the Premises to Tenant.Carrington Lease

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Leased Premises. Tenant agrees that no Hazardous Substances (defined belowas hereinafter defined) shall be used, located, stored or processed on the Leased Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, and no Hazardous Substances will be released or discharged from the PremisesLeased Premises (including, but not limited to, ground water contamination). The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Leased Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, including, without limitation, any losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), any so-called federal, state or local “Superfund” or “Superlien” laws or any other Environmental Law. Landlord hereby confirms that, to its knowledge, there are no Hazardous Substances (as now defined) existing at the Building in violation of applicable environmental laws (as now existing). Without limitation of the foregoing, Landlord agrees, as to any Hazardous Substances (as now defined) existing in the Leased Premises or the Building or the Land on the Commencement Date, to remove or otherwise remediate such Hazardous Substances to the extent required by law (as now existing), at Landlord’s sole cost and expense. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior cooperate with Landlord in allowing proper access to the date Landlord delivers the Leased Premises to perform the foregoing removal or remediation activities, and shall use reasonable efforts not to take any action which may worsen any such environmental condition once discovered. Landlord shall restore any damage caused to the Leased Premises as a result of such access by Landlord under this Section 4.06, to the extent such damage was not caused by Tenant’s negligence or willful misconduct or Tenant’s breach of its obligations hereunder. In any entry into the Leased Premises under this Section 4.06, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business operations at the Leased Premises.

Hazardous Substances. Tenant shall complyExcept as disclosed to Lender in writing, at its sole cost Borrower represents and expensewarrants that to Borrower’s knowledge: (1) during Borrower's occupancy of each of the offices it leases and occupies (the “Business Offices”), with all lawsthere has been no use, ordinancesgeneration, ordersmanufacture, rules and regulations storage, treatment, disposal, release or threatened release of all stateany Hazardous Substances by any person on, federalunder, municipal and other governmental about or judicial agencies from the Business Offices; (2) there has not been (a) any breach or bodies violation by Borrower of any Environmental Laws; or (b) any actual, or to Borrower’s knowledge threatened, litigation or claims of any kind by any person relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation any of the Premises. Tenant agrees that no Hazardous Substances foregoing environmental matters; (defined below3) shall be usedneither Borrower, locatednor any tenant, stored or processed on the Premises by Tenant or any contractor, agent of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents Borrower or any other similar substances authorized user of the Business Offices, shall use, generate, manufacture, store, treat, dispose of or materials that are now release any Hazardous Substances on, under, about or hereafter included from the Business Offices; and (4) any such activity shall be conducted in compliance with all applicable federal, state and local laws, regulations, and ordinances, including without limitation all Environmental Laws, except where non-compliance would not have, either individually or in the aggregate, a material adverse effect on the financial condition or operations of Borrower. Borrower hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Borrower becomes liable for cleanup, or other costs under or regulated by any Environmental Laws or that would pose a healthsuch laws, safety or environmental hazard. Tenant hereby and (2) agrees to indemnify, defend and hold harmless Landlord from and Lender against any and all claims, losses, liabilities (including, but not limited to, strict liability)liabilities, damages, injuries, penalties and expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs which Lender may directly or indirectly sustain or suffer resulting from a breach of settlement or judgment), suits and claims this section of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, the Agreement or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises consequence of any Hazardous Substances use, generation, manufacture, storage, disposal, release or threatened release by Tenant Borrower, or any tenant, contractor or agent of its agentsBorrower, employees, contractors, assigns, subtenants, guest of a hazardous waste or invitees. Tenant shall not be responsible for any Hazardous Substances located substance on the Premises prior Business Offices. The provisions of this section of the Agreement including the obligation to indemnify and defend, shall survive the date Landlord delivers payment of the Premises to TenantIndebtedness and the termination, expiration, or satisfaction of this Agreement."

Hazardous Substances. Tenant covenants that it shall complynot, at its sole cost and expenseany time during the Term of this Lease, with all lawsplace, ordinancesstore, ordersinstall upon, rules and regulations of all statedischarge, federalrelease or generate on, municipal and in or under the Demised Premises, or allow to escape from the Demised Premises, any pollutants or other governmental toxic or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (as defined below) shall be used), located, stored or processed on the Premises by Tenant containers or any of its agents, employees, contractors, assigns, subtenants, guest storage or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (processing facilities thereof including, but not limited to, strict liabilityany asbestos or asbestos containing materials, polychlorinated biphenyls (“PCBs”) in the form of electrical equipment, fluorescent light fixtures with ballasts, cooling oils of any other form, or any solid, liquid, gaseous or thermal irritant or contaminant, such as smoke, vapor, soot, fumes, alkalis, acids, chemicals, pesticides, herbicides, sewage, industrial sludge or other similar wastes, or industrial, nuclear or medical by-products, or install underground storage tanks (whether filled or unfilled) except for materials properly used, stored and disposed of in Tenant’s normal course of business. Except to the extent of any existing condition or due to Lessor’s negligence or willful misconduct, or to the negligence or willful misconduct of any other tenant of Lessor (except any sublessee or assignee of Tenant which may be permitted hereunder) Tenant shall protect, defend, indemnify and hold harmless Lessor from the costs (including costs of remediation), expenses (including reasonable attorneys’ fees), liabilities, losses, damages, injuriessuits, expenses (includingactions, but not limited tofines, court costspenalties, litigation expenses, reasonable attorneys’ fees and costs of settlement claims or judgment), suits and claims demands of any kind arising out of or in any way connected with, and every kind whatsoever paid, incurred Lessor shall not be liable to Tenant or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result other party on account of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its Tenant’s servants, sublessees and assignees (to the extent permitted hereunder), agents, employees, contractorslicensees, assignsinvitees, subtenantsand contractors placing, guest storing, installing, discharging, releasing or invitees. Tenant shall not be responsible for generating on, in, under or about the Demised Premises, or allowing to escape from the Demised Premises, any Hazardous Substances located on during the Premises prior to the date Landlord delivers the Premises to TenantTerm of this Lease or any renewal or extension hereof.

Hazardous Substances. Without Landlord's consent, Tenant shall complynot keep, at its sole cost use, release or dispose of any substances designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance ("Hazardous Substances") on or about the Premises, the Building or the Property; provided, the foregoing, shall not preclude Tenant from keeping and expenseusing in or about the Premises and the Building, office supplies, ordinary cleaning products and the like which are normally found in business offices or in connection with the operation of a roaster or food service operations, and which contain or may contain Hazardous Substances, so long as Tenant uses, stores and disposes of any such products and supplies in compliance with all applicable environmental laws. Landlord hereby agrees to defend, ordinances, orders, rules indemnify and regulations of hold Tenant harmless from any and all state, federal, municipal clean up costs and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment expenses (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos attorneys fees and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend costs) and hold harmless Landlord from and against any and all lossesother charges, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees fees, fines, penalties (both civil and criminal) and costs relating to any remedial action or clean up suffered or incurred by Tenant arising out of settlement or judgment)related to the presence of asbestos or other Hazardous Substances in, suits on or under the Premises, the Building or the Property, unless caused by Tenant, its employees, agents or contractors. Tenant hereby, agrees to defend, indemnify and claims of hold Landlord harmless from any and every kind whatsoever paidall clean up costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil 65 <PAGE> and criminal) and costs relating to any remedial action or clean up suffered or incurred by Landlord and caused by Tenant's use of the Premises. Landlord shall not allow any tenant or suffered byoccupant of the Building to use any premises in the Building, or asserted againstfor any business in which any toxic, Landlord by any personinfectious, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant are produced, stored or any of its agentsdisposed in, employees, contractors, assigns, subtenants, guest on or inviteesabout the Project except in accordance with all applicable laws. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant22.

Hazardous Substances. Tenant shall complyTo the best knowledge of Lessor, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to (a) no --------------------- Hazardous Substances are present on the protection of public health, safety, welfare Industrial Center or the environment soil, surface water or groundwater thereof, (collectivelyb) no underground storage tanks or asbestos containing building materials are present on the Industrial Center, “Environmental Laws”and (c) in no action, proceeding, or claim is pending or threatened involving the use, occupancy and operation of the Premises. Tenant agrees that no Industrial Center concerning any Hazardous Substances (defined below) or pursuant to any Applicable Laws or Requirements. Under no circumstance shall Lessee be used, located, stored liable for or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesindemnify Lessor from, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” Lessor shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessee, its agents, contractors, stockholders, directors, successors, representatives, and assigns from and against, all losses, costs, claims, liabilities and damages (including attorneys' and consultants' fees) of every type and nature, directly or indirectly arising out of or in connection with any Hazardous Substance present at any time on or about the Industrial Center, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any Applicable Laws or Requirements, relating to any such Hazardous Substance, except to the extent that any of the foregoing actually results from the release or emission of Hazardous Substances on or about the Premises by Lessee or its agents or employees in violation of Applicable Laws or Requirements. Lessee shall be liable for and shall indemnify, defend and hold harmless Lessor, its agents, contractors, members, successors, representatives and assigns from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensesclaims, reasonable liabilities and damages (including attorneys’ fees ' and costs consultants' fees) of settlement every type and nature, directly or judgment), suits and claims indirectly arising out of any and every kind whatsoever paid, incurred or suffered by, in connection with the release or asserted against, Landlord by any person, entity emission of Hazardous Substances on or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from about the Premises caused by Lessee or its agents or employees in violation of any Applicable Laws or Requirements. This Section 4 and Sections 6.2 and 6.3 of the Lease are the sole provisions of the Lease pertaining to Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant and no other provisions shall not be responsible for any Hazardous Substances located on the Premises prior deemed to the date Landlord delivers the Premises to Tenantapply thereto.

Hazardous Substances. Neither Tenant nor any Tenant Party shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental cause or judicial agencies or bodies relating permit any Hazardous Substance to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated, or processed on disposed of on, in or about the Premises Property by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Tenant Party without first obtaining Landlord's written consent. If Hazardous Substances will be released are used, stored, generated, or discharged from disposed of on, in or about the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents Property by Tenant or any other similar substances Tenant Party or materials that are now if the Premises becomes contaminated in any manner through the fault or hereafter included under or regulated by omissions of any Environmental Laws or that would pose a healthTenant Party, safety or environmental hazard. Tenant hereby agrees to shall indemnify, defend and hold harmless the Landlord from (and against its agents and employees) for any and all lossesclaims, liabilities damages, fines, judgments, penalties, costs, liabilities, or losses (including, but not limited towithout limitation, strict liability)a decrease in value of the Premises or the Land or Building of which they are a part, damagesdamages caused by loss or restriction of rentable or usable space, injuriesor any damages cause by adverse impact on marketing of the space, expenses (includingand any and all sums paid for settlement of claims, but not limited toattorney's fees, court costsconsultant, litigation expenses, reasonable attorneys’ fees and costs of settlement expert fees) arising during or judgment), suits after the Term and claims arising as a result of any and every kind whatsoever paiduse, incurred storage, generation or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises disposal of any Hazardous Substances Substance or any such contamination by Tenant or any Tenant Party. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision. If Tenant or any Tenant Party causes or permits the present of any Hazardous Substance on the Property that results in contamination, Tenant shall promptly, at its agentssole expense, employees, contractors, assigns, subtenants, guest or inviteestake any and all necessary actions to return the Property to the condition existing prior to the presence of any such Hazardous Substance on the Property. Tenant shall not be responsible first obtain Landlord's approval for any such remedial action. As used herein, "Hazardous Substances located on Substance" means any substance that is toxic, ignitable, reactive, or corrosive regardless whether same is regulated by any local government, the Premises prior State of New Jersey, or the United States Government, other than normal cleaning materials customarily used in cleaning office buildings so long as such materials are stored and used in compliance with all Laws. "Hazardous Substance" includes, but is not limited to any toxic or hazardous substance and any and all material or substances that are defined as "hazardous waste," "extremely hazardous waste", or a "hazardous substance" pursuant to state, federal, or local governmental law including but not limited to the date Landlord delivers Spill and Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. "Hazardous Substance" includes but is not restricted to asbestos, polycholorbiphenyls ("PCBs"), petroleum and petroleum products. Tenant may use toners in copying operations and ammonium in blue printing, provided such use and the Premises to Tenantstorage and disposal of same are in compliance with Law.

Hazardous Substances. (a) Without limiting any of the foregoing provisions of this Article V, Tenant shall complynot generate, cause or permit to be released (whether by way of uncapping, pouring, spilling, spraying, spreading, attaching, leaking or otherwise) into or onto the Premises, the Building, the Project or the surrounding areas (including the ground and ground water thereunder and the sewer and drainage systems therein) any hazardous substances (as defined or established from time to time by applicable local, state or federal law). The term "hazardous substances" includes, among other things, hazardous waste. Tenant shall immediately notify Landlord if any such release occurs, and, as to any such release that has been caused or permitted by Tenant: (i) Tenant shall, at its sole cost and expense, immediately and entirely remove such released hazardous substance in a manner fully in compliance with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating laws pertaining to the protection of public health, safety, welfare removal and storage or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesdisposal thereof, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean provide Landlord with evidence that Tenant has fully complied with such removal obligation; and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. (ii) Tenant hereby agrees to indemnify, defend indemnify and hold harmless Landlord, Landlord's mortgagee, Landlord's management company, and their partners, officers, directors, employees and agents (collectively, the "Landlord Indemnified Parties") of and from any liability, public or private, resulting to Landlord as a result of such release and agrees to, and does hereby, indemnify such Landlord Indemnified Parties from and against any and all lossesexpense or cost incurred by Landlord, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any nature whatsoever, which results, in whole or in part, directly or indirectly, from a release of a hazardous substance which is caused or permitted by Tenant. In addition to the foregoing, Tenant shall at all times be and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from occupy the Premises in compliance with all Legal Requirements. The provisions of any Hazardous Substances by Tenant this Section 5.6(a) shall survive the expiration or any termination of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible this Lease for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantreason.

Hazardous Substances. Tenant Lessee shall complynot cause "Hazardous Substances" as defined below to be brought upon, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental kept or judicial agencies used in or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on about the Premises by Tenant or any of Lessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees, and no unless such Hazardous Substances are necessary for Lessee's business and will be released or discharged from the Premises. The term “used, kept, and stored in a manner that complies with this Lease and all laws, regulations and ordinances regulating any such Hazardous Substances” shall mean , provided that Lessee first obtains the written consent of Lessor and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials provided further that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessee indemnifies Lessor from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, liability with respect toto such Hazardous Substances as more particularly described below. If Lessee breaches the covenants and obligations set forth herein or, or as a direct or indirect result of, if the presence of Hazardous Substances on, in or the escape, leakage, spillage, discharge, emission or release from about the Premises of any Hazardous Substances by Tenant or any of other property caused or permitted by Lessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees. Tenant shall not be responsible for , results in contamination of the Premises or any other property or, if contamination of the Premises or any other property by Hazardous Substances located otherwise occurs for which Lessee is legally liable to Lessor, then Lessee shall indemnify and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises prior to Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the date Landlord delivers Lease term as a result of such contamination. The provisions of this section shall survive the Premises to Tenantexpiration and earlier termination of this Lease.

Hazardous Substances. Tenant shall complynot generate, at its sole cost release, spill, -------------------- store, deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, medical wastes, or disease-producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and expense, with all laws, ordinances, orders, rules local laws and regulations of all state("Hazardous Substances") in, federalon or about the Premises, municipal Building, Common Areas or Land. In the event, and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) only in the useevent, occupancy and operation Landlord approves such Release of Hazardous Substances on the Premises. , Building, Common Areas or Land, Tenant agrees that no such Release shall occur safely and in compliance with all applicable federal, state, and local laws and regulations. Tenant shall indemnify, hold harmless and defend Landlord from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Tenant, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances (defined below) shall be usedin, locatedon or about the Premises, stored Building, Common Areas or processed on the Premises Land caused by Tenant or any of its agents, representatives or its employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from occurring at any time after the PremisesCommencement Date. The term “Hazardous Substances” Landlord shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord and defend Tenant from and against any and all claims liabilities, losses, liabilities (including, but not limited to, strict liability), damages, injuriescleanup costs, response costs, and expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and costs ' fees) arising out of settlement or judgment), suits and claims of in any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, way related to the presence in of Hazardous Substances in, on or the escape, leakage, spillage, discharge, emission or release from about the Premises of any Hazardous Substances caused by Tenant Landlord or any of its agents, representatives or employees, contractors, assigns, subtenants, guest . The provisions of this paragraph shall survive termination or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantexpiration of this Lease.