Common use of Hazardous Substances Clause in Contracts

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant Lessee shall comply, and shall require any sublessee to comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises, including but not (either limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, 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 negligence) cause or permit within or first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises Premises. If Lessee determines that a threat to the escapeenvironment, disposal including but not limited to a release, discharge, spill or release deposit of any biologically- a hazardous or chemically-active regulated substance, has occurred or is occurring which affects or threatens to affect the Premises, or the persons, structures, equipment, or other hazardous property thereon, Lessee must notify immediately by oral report, in person or toxic substancesby telephone, materials to be promptly confirmed in writing within twenty four (24) hours to the Airport Director or wastes designee as required by law or regulation. Lessee shall keep a readily accessible file of Materials Safety Data Sheets (collectivelyMSDS) for each Hazardous Substance on site or transported, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsfederal and state transportation laws, unless such 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 are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in Substance on the Premises. FurtherLessee 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, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costsrules, remedial or restoration workregulations, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or onorders, or brought topermits. In the event Xxxxxx fails to fulfill this obligation following written notice and a reasonable cure period, City may perform any such remediation and the Premises by Tenant or its employees, agents, contractors or invitees, or as direct and indirect cost of such action shall be invoiced to the result Lessee plus a fifteen percent (15%) administrative fee. Payment of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisessuch charges is due and payable upon demand. The within covenants rights and obligations set forth in this Paragraph shall survive the earlier expiration or earlier termination of this Lease.

Hazardous Substances. The term “Hazardous Substance” shall be interpreted in the broadest sense to include any substances, materials, wastes, pollutants, or contaminants that, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may cause or threaten a present or potential hazard to human health or safety or the environment when improperly generated, used, stored handled, treated, discharged or disposed of. Tenant may store not more than a reasonable amount of aircraft lubricants and oil, provided that any such storage shall be limited to NFPA approved containers, or unopened original cans. Storage of gasoline, including automobile gasoline, is prohibited. Promptly upon written notice from Landlord or from any governmental entity with jurisdiction, Tenant shall not remove from the Hangar (either with including without limitation the soil or without negligence) cause or permit within or on the Premises the escapewater table thereof), disposal or release of any biologically- or chemically-active or other hazardous or toxic substancesat its own cost and expense, materials or wastes (collectively, "all Hazardous Substances")Substances for which Tenant is liable. Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry responsible for the generation, storage clean up and use remediation of all such Hazardous Substances. Without limitationIf it becomes necessary for the Landlord to remove, clean up or remediate any Hazardous Substances shall include those described in from the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionHangar, Tenant shall execute affidavitsbe responsible to reimburse Landlord all costs incurred in such removal, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances clean up or remediation as set forth in the PremisesSchedule of Rates and Charges. FurtherAny such clean up shall be in conformance with all applicable governmental rules and regulations. Any fine, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costspenalty, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or onclaim, or brought costs incurred by, or made or assessed against Landlord regarding violations of this Section shall be paid by Tenant promptly after Landlord incurs the obligation to pay such amounts or determines that an assessment is owed and so notifies Tenant, including but not limited to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseconsequential damages.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substance to be spilled, leaked, disposed of, discharged or otherwise released on or under the Property. Tenant may use or otherwise handle on the Premises Property only those Hazardous Substances typically used or sold in the escapeprudent and safe operation of the business specified in Section 3.1; provided, disposal however, if the Tenant uses or release handles Hazardous Substances on the Property in the operation of any biologically- the business specified in Section 3.1, Tenant shall assume full and complete responsibility therefore and all liability and expense relating thereto or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "arising therefrom. Tenant may store such Hazardous Substances")Substances on the Property only in quantities necessary to satisfy Tenant’s reasonably anticipated needs. Tenant shall not allow comply with all Environmental Laws and exercise the generationhighest degree of care in the use, handling, and storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances and shall only be in take all practicable measures to minimize the ordinary course quantity and toxicity of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in used, handled, or stored on the Comprehensive Environmental ResponseProperty. Upon the expiration or termination of this Lease, Compensation and Liability Act of 1980Tenant shall, as amendedat Tenant’s sole expense, 42 U.S.C. Section 9601 et seq., any applicable state remove all Hazardous Substances brought or local laws and permitted by Tenant from the regulations adopted under these actsProperty. If Tenant uses Hazardous Substances within breaches the Premises and obligations stated in this Section 3.3, or if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances Materials on the Property caused or permitted by Tenant results in contamination of the Premises. FurtherProperty, then Tenant shall indemnify indemnify, defend and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losseslosses (including without limitation diminution in value of the Property, includingdamages for the loss or restriction on the use of rentable or usable space or of any adverse impact on marketing of space on the Property, without limitationand sums paid in settlement of claims, attorneys', consultants' and experts' ’ fees, consultant fees and expert fees) which arise during or after the Term lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration work required by any federal, state or local governmental agency, political subdivision, lender or buyer because of Hazardous Material present in the soil or groundwater on or under the Property brought or permitted by Tenant, diminution in value of the Property, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property, and sums paid in settlement of claims, attorneys’ fees, consultant fees, laboratory fees and expert fees. Without limiting the foregoing, if the presence of any Hazardous Substances being generatedMaterials on the Property caused or permitted by Tenant results in any contamination of the Property, used or disposed Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Property to the condition existing prior to the contamination of in or onthe Property by any such Hazardous Materials. Tenant will deliver to Landlord copies of any documents received from, or brought sent by Tenant to, the Premises by Tenant United States Environmental Protection Agency and/or any state, county or its employeesmunicipal environmental or health agency concerning the Tenant’s operations on the Property. The term Environmental Law shall mean any federal, agents, contractors or inviteesstate, or as local statute, regulation, or ordinance or any judicial or other governmental order pertaining to the result protection of an abatementhealth, treatment safety or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesenvironment. The within covenants term Hazardous Substance shall survive the expiration mean any hazardous, toxic, infectious or earlier termination of this Leaseradioactive substance, waste, and material as defined or listed by any Environmental Law and shall include, without limitation, petroleum oil and its fractions.

Hazardous Substances. A. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substance (as hereinafter defined) to be used, stored, generated or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees. If Hazardous Substances within are used, stored, generated or disposed of on or in the Premises Complex, or if the Complex becomes contaminated in any manner other than normal quantities due to the actions or omissions of cleaning solvents controlled and stored in accordance with the Legal RequirementsTenant or its agents, unless such Hazardous Substances are generatedemployees, stored contractors or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additioninvitees, Tenant shall execute affidavitsindemnify, representations defend (with counsel reasonably acceptable to Landlord) and hold the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord Parties harmless from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damages, penalties, fines, costs, liabilities or losses, and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys', consultants' and experts' ’ fees, which arise consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination. 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. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substances being generatedSubstance on the Complex that results in contamination, used or disposed of in or onTenant shall promptly, or brought toat its sole expense, take any and all necessary actions to return the Premises by Tenant or its employees, agents, contractors or invitees, or as Complex to the result of an abatement, treatment or management required as condition existing prior to the result presence of any actssuch Hazardous Substance on the Complex; provided, negligencehowever, repairs Tenant must obtain Landlord’s prior written approval for any such remedial action, such approval not to be unreasonably withheld, conditioned or alterations made by Tenant in the Premisesdelayed. The within covenants indemnity obligations of Tenant under this Section 41 shall survive the expiration or earlier termination of this LeaseLease Agreement.

Hazardous Substances. Tenant Licensee represents and warrants that its use of the District’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about the District’s Poles or transport to the District’s Poles any Hazardous Substances and that Licensee’s Attachments will not constitute or contain and will not generate any Hazardous Substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall not (either with be interpreted broadly to mean any substance or without negligence) cause material designated or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other defined as hazardous or toxic substanceswaste, materials hazardous or wastes (collectivelytoxic material, "hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Attachment(s) would not release any Hazardous Substances"). Tenant Licensee and its agents, contractors and subcontractors shall not allow defend, indemnify and hold harmless the generationDistrict and its respective officials, officers, board members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or use discovery of any Hazardous Substances within on, under or adjacent to the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any District’s facilities attributable to Licensee’s use of Hazardous Substances shall only the District’s facilities. Should the District’s Poles be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing declared to ascertain whether or not there has been any release of contain Hazardous Substances, then the reasonable costs thereof District, shall be reimbursed by Tenant to Landlord upon demand as Additional Rentresponsible for the disposal of its Poles. In additionProvided, Tenant shall execute affidavitshowever, representations and if the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances in or Conditions to the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial extent caused or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after created by the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseDistrict.

Hazardous Substances. (a) Except for small quantities of Hazardous Substances customarily used in connection with general office uses, and not required to be reported by an environmental agency, Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substance to be used, stored, generated or disposed of on or in the Building, the Project or the Premises the escapeexcept fuel storage for back up generation handled and stored in compliance with all Legal Requirements, disposal by Tenant, Tenant’s agents, employees, contractors or release of any biologically- invitees without first obtaining Landlord’s written consent, which may be given or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")withheld in Landlord’s sole discretion. Tenant shall not allow the generation, storage or use of If any Hazardous Substances within are used, stored, generated, or disposed of on or in the Building, the Project or the Premises, including those customarily used in connection with general office uses, or if the Building, the Project or the Premises become contaminated in any manner other than normal quantities for which Tenant is legally liable or otherwise become affected by any storage, release or discharge of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such a Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionSubstance, Tenant shall execute affidavits, representations immediately notify Landlord of the release or discharge of a Hazardous Substance and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify indemnify, defend and save hold harmless Landlord harmless and its partners from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses, losses (including, without limitation, a decrease in value of the Project, the Building or the Premises, damages caused by loss or restriction of rentable or usable space, or any damages caused by adverse impact on marketing of the space, and any and all sums paid for settlement of claims, attorneys', consultants' and experts' ’ fees, which arise consultant, and expert fees) arising during or after the Term term of this Lease, and arising as a result of such contamination, release or discharge. 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 (as hereinafter defined). Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substances being generated, used or disposed of in or on, or brought toSubstance on the Premises, the Premises by Building or the Project and the same results in any contamination, release or discharge, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises, the Building or its employeesthe Project, agents, contractors or invitees, or as to the result of an abatement, treatment or management required as condition existing prior to the result presence of any acts, negligence, repairs or alterations made by Tenant in such Hazardous Substance on the Premises, the Building or the Project and in compliance with all Legal Requirements. The within covenants Tenant shall survive first obtain Landlord’s approval for any such remedial action and the expiration approval of the contractors doing the work. Landlord shall have the right to do the work, at Tenant’s sole cost and expense, if Landlord determines an emergency exists or earlier termination if necessary to protect the health and safety of this Leaseother tenants of the Project.

Hazardous Substances. Tenant No Hazardous Substances (as hereafter defined) shall not (either with be used, generated, stored, treated, released, disposed or without negligence) cause or permit within otherwise managed by or on behalf of Tenant or any invitee at the Leased Premises or the escape, disposal or release Building with the exception of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "minor amounts of Hazardous Substances")Substances customarily and lawfully used in conjunction with the Permitted Use. Tenant shall not allow the generation, storage or use immediately notify Landlord upon discovery of any Hazardous Substances within Substance release affecting the Leased Premises in any manner other than normal quantities and, at its sole expense and at Landlord’s option, remediate to Landlord’s satisfaction or reimburse Landlord’s costs of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored investigation or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use remediation of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous SubstancesSubstances arising from any act or omission of Tenant, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or inviteesinvitees within five (5) days of demand therefor. Tenant shall cooperate with Landlord and provide access to the Leased Premises from time to time for inspections and assessments of environmental conditions and shall remove all Hazardous Substances from the Leased Premises introduced by or on behalf of Tenant upon expiration or termination of the Lease. Tenant agrees to indemnify, defend and hold Landlord and Landlord’s Indemnitees harmless from and against all liabilities, obligations, damages, judgments, penalties, claims, costs, charges and expenses, including reasonable architects’ and attorneys’ fees, which may be imposed upon, incurred by or asserted against Landlord or Landlord’s Indemnitees by a third party and arising, directly or indirectly, out of or in connection with the presence of Hazardous Substances at or affecting the Building due to any act of Tenant, its agents, servants, employees or contractors. As used herein, “Hazardous Substances” shall mean (i) hazardous or toxic substances, wastes, materials, pollutants and contaminants which are included in or regulated by any federal, state or local law, regulation, rule or ordinance, including CERCLA, Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, and the Toxic Substances Control Act, as any of the result of an abatementforegoing may be amended from time to time, treatment (ii) petroleum products, (iii) halogenated and non-halogenated solvents, and (iv) all other regulated chemicals, materials and solutions which, alone or management required as in combination with other substances, are potentially harmful to the result environment, public health or safety or natural resources. Notwithstanding anything to the contrary, Tenant shall not be responsible for any costs, abatement or remediation of any acts, negligence, repairs or alterations made by Tenant Hazardous Substances which may exist in the Premises. The within covenants shall survive Leased Premises prior to the expiration Lease Commencement Date unless brought onto the Leased Premises by or earlier termination on behalf of this LeaseTenant, including during its occupancy under the Sublease.

Hazardous Substances. A. Prohibition Against Hazardous Substances. Tenant shall ---------------------------------------- not (either with produce, store, use, discharge or without negligence) cause dispose of, nor permit its agents, employees or permit within contractors to produce, store, use, discharge or dispose of any Hazardous Substances in or near the Project unless Landlord has consented to such storage or use in its sole discretion of both the particular Hazardous Substances and the maximum quantities thereof to be stored or used on the Premises at any time. Prior to the escapeuse of any Hazardous Substances (including any changes to the previously approved list), Tenant shall provide Landlord with a list of those Hazardous Substances (and the maximum quantities thereof) which Tenant proposes to use, for Landlord's review and approval, which approval shall not be unreasonably delayed or withheld. Any handling, transportation, storage, treatment, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within in or about the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance Project by Tenant, its agents, employees, contractors or invitees shall strictly comply with the Legal all applicable Governmental Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costsliabilities, remedial or restoration worklosses, claims, judgments, damages, penalties, fines, attorneys' fees and court costs, liabilities remediation costs, investigation costs and any other expenses which result from or lossesarise out of the use, includingstorage, without limitationtreatment, attorneys'transportation, consultants' and experts' feesrelease, which arise during or after disposal of any Hazardous Substances on or about the Term Project by Tenant, its agents, employees, contractors or invitees. If any lender or governmental agency shall require testing for Hazardous Substances in the Premises, Tenant shall pay for such testing, if (i) Tenant is in breach of any provision in this Section 29, (ii) Tenant, its agents, employees or contractors was responsible in any way for the presence of any of the Hazardous Substances discovered by such testing, or (iii) the applicable governmental agency has requested that such testing be performed as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, Tenant's activities within the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseProject.

Hazardous Substances. Landlord certifies to Tenant shall not that, to Landlord’s current actual knowledge, there are no Hazardous Substances located at the Project, except as disclosed in that certain environmental report dated July 18, 1997 prepared by Mission GeoSciences, Inc. (either with a copy of which has heretofore been delivered to Tenant) or without negligence) Hazardous Substances customarily used in the operation of comparable office buildings (e.g., janitorial supplies). Landlord will remove or cause or permit within or to be removed any Hazardous Substances which are found on the Premises Premises, the escape, disposal Project or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")the Land. Tenant shall not allow be responsible for the generationcost of such removal unless Tenant caused such Hazardous Substances to be present on the Premises, the Project or the Land, as the case may be. Landlord will indemnify and hold Tenant harmless from and against any damages or expenses incurred by Tenant as a result of the presence of such Hazardous Substances not caused by Tenant. Landlord shall take all measures, consistent with those taken by the owners of other office buildings similar and within proximity to the Project, to prohibit other tenants from disposing of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substances to be brought upon, produced, stored, used, discharged or disposed of in or near the Project unless Landlord has consented to such storage or use of in its sole discretion. Tenant has no responsibility for any Hazardous Substances within brought upon, produced, stored, used, discharged or disposed of in or near the Premises in any manner other than normal quantities of cleaning solvents controlled Project, except by Tenant or its employees, agents and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlordaffiliates. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such “Hazardous Substances. Without limitation, Hazardous Substances shall ” include those hazardous substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any other applicable federal, state or local laws law, and the regulations adopted under these actslaws. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires shall require testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of for Hazardous Substances in the Premises. FurtherPremises or if any lender shall do so based upon verifiable evidence of Hazardous Substance contamination caused by Tenant, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leasepay for such testing.

Hazardous Substances. Tenant shall not (either with a) Landlord makes no representations or without negligencewarranties, express or implied, concerning the presence or absence of (i) cause Hazardous Substances on, under or permit within about the Leased Premises or (ii) any contamination of the soil, surface water or ground water on, under or about the Leased Premises by Hazardous Substances. Tenant, at its expense and prior to the commencement of any excavation or filling of the Leased Premises or the construction of any Improvements on the Premises Leased Premises, shall conduct such environmental assessments and environmental testing and sampling as Tenant deems necessary to identify the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use presence of any Hazardous Substances within on, under or about the Leased Premises in any manner other than normal quantities or the presence of cleaning solvents controlled and stored in accordance with contamination of the Legal Requirementssoil, unless such Hazardous Substances are generatedsurface water or ground water on, stored under or used in accordance with about the Legal Requirements and approved in advance in writing Leased Premises by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitationIf such environmental assessments, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding and/or sampling disclose the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, under or brought toabout the Leased Premises or contamination of the soil, the surface water or ground water on, under or about Leased Premises by Tenant Hazardous Substances, Tenant, at its expense, shall remove or its employeesremediate such Hazardous Substances or contamination to the extent required by, agentsand in a manner that complies with, contractors all applicable Environmental Laws before proceeding with any excavation or invitees, filling of the Leased Premises or as the result of an abatement, treatment or management required as the result construction of any actsImprovements thereon. If and to the extent requested by Landlord, negligenceTenant shall provide Landlord with copies of (i) all environmental assessments and reports of any environmental testing and sampling with respect to the Leased Premises, repairs (ii) all written recommendations from environmental consultants or alterations made engineers for the removal or remediation of any Hazardous Substances on, under or about the Leased Premises or the remediation of any contamination of the soil, surface water or ground water on, under or about the Leased Premises by Tenant in Hazardous Substances, and (iii) all documents filed with or issued by any governmental authority relating to the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseforegoing.

Hazardous Substances. Tenant Except for those Hazardous Substances reasonably related to Subtenant's permitted business operations in the Premises, Subtenant shall not (either with or without negligence) cause or permit within any Hazardous Substances to be brought upon, produced, stored, used, discharged or on disposed of in or near the Premises Building or the escapePremises. Any and all such Hazardous Substances shall be produced, disposal or release stored, used, discharged and disposed of any biologically- or chemically-active or other hazardous or toxic substancesin full compliance with all applicable laws, materials or wastes (collectivelyrules, regulations, and requirements of governmental authorities having jurisdiction. "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall " include those hazardous substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any other applicable federal, state or local laws law relating to human health or the environment, and the regulations adopted under these actslaws. If Tenant uses Subtenant hereby agrees that it will be fully liable for all costs and expenses related to its production, use, storage, discharge or disposal of Hazardous Substances within on or about the Premises or the Building, including any cleanup costs, fines or penalties. Subtenant shall give Sublandlord immediate notice of any violation of the requirements of this Section 34, as well as copies of any notices of violation received by Subtenant from any third party. At the request of Sublandlord, Subtenant shall provide Sublandlord with the names and if Landlord approximate amounts of the Hazardous Substances that Subtenant has used and stored on or any lender about the Premises, as well as copies of governmental reports prepared by or governmental agency requires testing to ascertain whether or not there has been any release on behalf of Subtenant in connection with such Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand Substances and other information as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like Sublandlord may reasonably request from time to time at Landlordregarding Subtenant's request concerning Tenant's best knowledge use and belief regarding the presence storage of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseSubstances.

Hazardous Substances. Tenant Lessee shall not (either with or without negligence) cause or permit within any Hazardous Substance to be received, spilled, leaked, disposed of, or otherwise released on or under the premises. Lessee may use or otherwise handle on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any premises only those Hazardous Substances within typically used or sold in the Premises prudent and safe operation of the facility specified in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless Section 4. Lessee may store such Hazardous Substances are generatedon the premises only in quantities necessary to satisfy Xxxxxx's reasonably anticipated needs. Lessee shall comply with all Environmental Laws and exercise the highest degree of care in the use, stored or used in accordance with the Legal Requirements handling, and approved in advance in writing by Landlord. Any use storage of Hazardous Substances and shall only be in take all practicable measures to minimize the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence quantity of Hazardous Substances in used, handled, or stored on the Premisespremises. FurtherUpon the expiration or termination of this Lease, Tenant Lessee shall remove all Hazardous Substances from the premises, clean up any and all Hazardous Substances caused by the Lessee, and Xxxxxx agrees to and shall indemnify and save Landlord hold Lessor harmless from and against any and all clean-up costsclaims and demands arising from the negligence of the Lessee, remedial Xxxxxx's officers, agents, invitees, and/or employees, as well as those arising from Lessee's failure to comply with any covenant of this Lease on Xxxxxx's part to be performed, and shall at Xxxxxx's own expense defend the Lessor against any and all suits or restoration workactions arising out of such negligence, claimsactual or alleged, judgmentsand all appeals therefrom and shall satisfy and discharge any judgment which may be awarded against Lessor in any such suit or action. The term Environmental Law shall mean any Federal, damagesState, penaltiesor local statute, finesregulation, costsor ordinance or any judicial or other governmental order pertaining to the protection of health, liabilities safety, or lossesthe environment. The term Hazardous Substance shall mean any hazardous, includingtoxic, infectious, or radioactive substance, waste, and material as defined or listed by any Environmental Law and shall include, without limitation, attorneys', consultants' petroleum oil and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leasefractions.

Hazardous Substances. Tenant shall not Except as may be disclosed in any environmental report and related information (either with or without negligencethe "Report," as listed on Schedule C) cause or permit within or on delivered by Seller to Purchaser prior to the Premises date hereof, to Seller's Knowledge, the escape, disposal or release Property is free of any biologically- or chemically-active or other "hazardous or toxic substances, materials or wastes substance" (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described as that term is defined in the Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980Act, and the rules and regulations promulgated pursuant thereto, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlordamended and any other applicable federal, state or local law, collectively "laws"), contaminant, oil, radioactive or other materials the removal of which is required or the maintenance of which is prohibited by any local, state or federal agency, authority or governmental unit (such hazardous substances the removal of which is required and/or the maintenance of which is prohibited being hereinafter referred to as "Dangerous Substances"). Seller does not now, nor has it or any of its affiliated entities ever disposed of any Dangerous Substances on the Property and, except as disclosed in the Report, to Seller's request concerning Tenant's best knowledge Knowledge, the Property was never used for such purpose, and belief regarding the presence of Hazardous Property contains no Dangerous Substances in violation of applicable laws. Except as disclosed in the PremisesReport, to Seller's Knowledge, there are no underground storage tanks located on the Property in violation of applicable laws. FurtherNeither Seller nor any current tenant nor occupant of the Property has dumped or landfilled any garbage or refuse on the Property, Tenant shall indemnify and save Landlord to Seller's Knowledge the Property was never used for such purpose. Except as may be shown on surveys of the Property delivered to Purchaser at Closing, to Seller's Knowledge, the Property is not located within an area that has been designated by the Federal Insurance Administration, the Army Corps of Engineers, or any other governmental agency or body as being subject to special flood areas. Seller hereby indemnifies and holds Purchaser harmless from for and against any and all clean-up costsloss, remedial liability, claim or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, expense (including, without limitation, attorneys'cleanup, consultants' engineering and experts' fees, which arise during attorney's fees and expenses and court costs) that Purchaser may incur by reason of (i) the Property containing any Dangerous Substances on or after prior to the Term as a result of any Hazardous Substances Closing Date and (ii) the representation contained in this subsection being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leasefalse.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous SubstancesHAZARDOUS SUBSTANCES"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seqET SEQ., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant shall not (either with or without negligence) cause engage in or permit within any activities on the Property, nor bring onto or create in the Property, any substances the possession or use of which requires a permit from any federal, state or local agency having jurisdiction over hazardous, toxic or infectious substances without Landlord's prior written consent. Notwithstanding the foregoing prior to the Commencement Date, Tenant shall provide Landlord with materials safety, data sheets ("MSDS's") for each hazardous or toxic substance to be used or stored on the Premises, together with the estimated maximum amounts of such substances to be stored on the Premises at any time and evidence that Tenant has obtained all necessary permits in connection with the escapestorage, use or disposal or release of any biologically- or chemically-active or other hazardous or toxic such substances, materials or wastes (collectively, "Hazardous Substances"). Landlord shall have the right to approve the matters covered by each such MSDA and to review and approve such permits. Tenant shall not allow store any such materials at the generation, storage or Premises until all necessary permits have been approved by Landlord. In the event Landlord consents to the use of any Hazardous Substances within substance shown on any such MDS, Tenant covenants and agrees that it shall not, at any time during the term hereof, store such substances at the Premises in any manner other than normal quantities amount in excess of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and amount approved in advance in writing by Landlord. Any use of Hazardous Substances Tenant shall only be not engage in or permit any activity on the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generationProperty that violates any federal, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws laws, rules or regulations pertaining to hazardous, toxic or infectious substances, and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substancesshall promptly, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding expense, take all investigatory and/or remedial action required or ordered for clean up of any contamination of the presence of Hazardous Substances in Property or the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losseselements surrounding same, including, without limitation, attorneys'remedial action recommended by any consultant retained by Landlord to review the operations of Tenant. Tenant shall indemnify, consultants' defend and experts' feeshold Landlord, which arise during or after the Term as a result its agents and employees harmless from all liabilities, judgments, costs, claims, expenses, penalties and attorney's fees arising out of any Hazardous Substances being generatedbreach of Tenant of its obligations under Section 5.03, used or disposed of in or onand Paragraphs 16(A) and 16(B), or brought including, but not limited to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result costs associated with remediation and/or abatement of any acts, negligence, repairs contamination therein involved or alterations made by Tenant in arising out of the Premises. The within covenants shall survive the expiration or earlier termination actions of this LeaseTenant.

Hazardous Substances. The Tenant agrees that it shall not (either be responsible for all costs, damages, or liability that may be incurred in connection with any hazardous waste discharge, spillage, or without negligence) cause any other violation of any law in connection with the storage or permit within use of hazardous waste materials or petroleum products; provided, however, that such discharge, spillage or other violation is as a result of or caused by Tenant’s occupancy, business, or other related activities, or of or by its employees, customers, agents, or visitors. In no case does this apply to any condition that may have existed prior to Tenant’s occupancy, or by the actions and occurrences on adjacent properties. Landlord acknowledges that Tenant has advised Landlord that Tenant may store hazardous waste materials or petroleum products. Tenant agrees to notify Landlord of the storage of any hazardous waste materials or petroleum products on the Premises the escape, disposal or release site. The Tenant further agrees to notify Landlord within twenty-four (24) hours of any biologically- hazardous waste or chemically-active petroleum products discharge or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")violation of this paragraph known to Tenant. The Tenant shall not allow agrees that the generation, storage or use of any Hazardous Substances hazardous waste or petroleum product materials shall be in compliance with all Federal, State and local laws or regulations. In the event of any hazardous waste discharge or spillage, the Tenant shall immediately have said soil tested by a firm specializing in said work and enter into a contract for the removal of said soils and replacing of soils with clean fill and for the replacing of any areas disturbed because of said discharge or spillage. All of said work shall take place within a reasonable period from the Premises day of knowledge of said discharge or spillage. In the event Tenant fails to perform said work as set forth in this paragraph, then, in such event, the Landlord may cause the same to be completed and the Tenant shall be responsible for the payment of same within thirty (30) days after presentation of bxxx to Tenant for the work performed, together with all reasonable costs incurred by Landlord in the performance of said work and repairing any manner other than normal quantities of cleaning solvents controlled damage to the entire premises and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlordincluding any reasonable attorney’s fee incurred. Any use of Hazardous Substances shall only be monies paid by Landlord in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof connection herewith shall be reimbursed by Tenant repaid to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and together with interest at the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence rate of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leasenine percent (9%) per annum until paid.

Hazardous Substances. Tenant represents and warrants to Landlord that the activities Tenant will conduct on the Premises pose no hazard to human health or the environment, nor do they violate any applicable federal, state or local laws, ordinances, rules or regulations pertaining to Hazardous Materials (to be hereinafter defined) or industrial hygiene or environmental conditions ("Environmental Laws"). Tenant shall not (either with or without negligence) cause or permit within or on the Premises to be used for the escapegeneration, handling, storage, transportation, disposal or release of any biologically- Hazardous Materials except as exempted or chemically-active permitted under applicable Environmental Laws; and Tenant shall not cause or other hazardous permit the Premises or toxic substances, materials or wastes (collectively, "Hazardous Substances")any activities conducted thereon to be in violation of any applicable Environmental Laws. Tenant shall not allow acquire and maintain all permits, approvals, licenses and the like required by Environmental Laws for Tenant's activities on the Premises; and Tenant shall keep those permits, approvals, licenses and the like current, and shall comply with all regulations, rules and restrictions relating thereto. Tenant agrees to indemnify Landlord and hold the Landlord harmless from all claims, losses, damages, liabilities, fines, penalties and charges and all costs and expense incurred in connection therewith (including attorneys' fees and litigation expenses), directly or indirectly resulting in whole or in part from Tenant's violation of any Environmental Laws applicable to the Premises or to any activity conducted thereon, or from any use, generation, storage handling, storage, transportation, disposal or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous SubstancesMaterials at or in connection with the Premises, then or any clean up or other remedial measures required with respect to the reasonable costs thereof Premises under any Environmental Laws. Tenant shall be reimbursed by Tenant to reimburse Landlord immediately upon demand as Additional Rentfor all sums paid and costs incurred by Landlord with respect to the foregoing matters. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants This indemnity shall survive the full performance and expiration or earlier termination of this Lease and shall inure to the benefit of any transferee of title to the Land. For purposes of this Lease., the term "

Hazardous Substances. (a) Tenant shall not use, store, manufacture, dispose of or discharge any pollutants, contaminants, or harmful or hazardous substances from or on the Premises, or otherwise occupy or permit the Premises to be occupied or used in a manner which (either i) violates any law, regulation, rule or other governmental requirement, (ii) impairs the health, safety or condition of any person or property or (iii) adversely affects the use, enjoyment or value of the Premises or the surrounding property. Tenant shall promptly notify Landlord of the breach, or the potential or threatened breach, of any of the provisions of this paragraph. Landlord shall have the right of access to the Premises to inspect, test, and in Landlord's sole discretion, remedy any potential environmental problem. Tenant shall indemnify and hold Landlord, Landlord's Lender, Landlord's property manager and their respective officers, shareholders, members, partners, employees, and agents, harmless from any loss, claim, liability or expense (including, without limitation, attorneys' fees, court costs, consultant fees, expert fees, penalties, fines, removal, clean-up, transportation, disposal and/or restoration expenses, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of space) arising in connection with or without negligence) Tenant's failure to comply with the provisions of this paragraph. Additionally, Tenant shall not cause or permit within or on the Premises the escape, disposal or release of any biologically- biologically or chemically-chemically active or other hazardous substances or toxic substancesmaterials, materials except in accordance with all applicable laws. Tenant shall not be liable to Landlord (or wastes those acting or claiming through Landlord) for any escape, disposal or release of any substance located on the Premises that occurs prior to the Election Date and further, Tenant shall not be liable to Landlord (collectivelyor those acting or claiming through Landlord) for the exacerbation of any such escape, "Hazardous Substances")disposal or release if, prior to such exacerbation, Tenant did not know (or have reason to know) of such escape, disposal or release. Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled such substances or materials not sanctioned by law and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substancessubstances or materials, nor allow to be brought into the Premises any such materials or substances except to use in the ordinary course of Tenant's business, and then only if Tenant complies with the highest legal standard and highest standard prevailing in the industry for the storage and use thereof. Without limitation, Hazardous Substances hazardous substances shall include those described mean any hazardous waste, hazardous or toxic substances or related materials, asbestos, polychlorinated biphenyls, petroleum products or any other substance or material as defined by any existing or future federal, state or local environmental law, ordinance, rule or regulation now or at any time hereafter in effect regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic, dangerous, restricted or otherwise regulated waste, substance or material, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.the Hazardous Materials Transportation Act, any applicable state or local laws as amended, and in the regulations adopted under these actsand publications promulgated pursuant to each of the foregoing (such federal, state and local laws, ordinances, rules and regulations are sometimes referred to herein as "ENVIRONMENTAL LAWS"). If Tenant uses Hazardous Substances within at any time prior to the Premises and if Landlord or Election Date any lender or governmental agency requires shall ever require testing to ascertain whether or not there has been any release of Hazardous Substanceshazardous substances on the Premises, then the reasonable costs thereof cost of such testing shall be reimbursed by Tenant to Landlord upon demand as Additional Rent(together with interest thereon at the Default Rate) if such release was caused by Tenant, and if required after the Election Date and during the Term hereof, Tenant shall be solely responsible for the costs of such testing. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in hazardous substances or materials on the Premises. FurtherIn all events, Tenant shall indemnify and save Landlord harmless from and against in the manner elsewhere provided in this Lease for any and all clean-up costs, remedial release of hazardous substances on the Premises occurring while Tenant is in possession or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesthereof. The within covenants Tenant's obligations hereunder shall survive the expiration or earlier sooner termination of this Lease.

Hazardous Substances. Tenant shall not (either cause or permit any Hazardous Substance to be used, stored, generated or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors, or invitees, other than customary cleaning solvents, without first obtaining Landlord's written consent. If Hazardous Substances are used, stored, generated or disposed of on or in the Premises whether with or without negligence) cause Landlord's consent or permit within or on if the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises become contan1inated in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If which Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Furtheris legally liable, Tenant shall indemnify and save hold harmless the Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, fines judgments, penalties, fines, costs, liabilities or losses, losses (including, without limitation, attorneys'a decrease in value of the Premises or Building, consultants' damages due to loss or restriction of rentable or usable space, or any damages due to adverse impact on marketing of the space, and experts' any and all sums paid for settlement of claims, attorney's fees, which arise consultant and expert fees) arising during or after the Lease Term and arising as a result of such use, storage, generating, disposal, or contamination by Tenant. 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 any Hazardous Substances being generated, used or disposed of in or on, or brought to, Substance on the Premises by and such results in contamination, Tenant or shall promptly, at its employeessole expense, agents, contractors or invitees, or as take any and all necessary actions to return the result of an abatement, treatment or management required as Premises to the result condition existing prior to the presence of any acts, negligence, repairs or alterations made by Tenant in such Hazardous Substance on the Premises. The within covenants Tenant shall survive first obtain Landlord's approval for any such remedial action. As used herein, "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the expiration State of South Carolina, or earlier termination of this Leasethe United States government. "Hazardous Substance" 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 law. "Hazardous Substance" includes but is not restricted to asbestos, polychlorobiphenyls ("PCB's") and petroleum. 45.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or 33.1 Except for those materials listed on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled Exhibit I attached hereto and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or general office supplies typically used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be an office area in the ordinary course of Tenant's business business, such as copier toner, liquid paper, glue, ink, and in accordance with the highest standards prevailing cleaning solvents (collectively, “Permitted Hazardous Materials”), for use in the industry manner for which they were designed, in such amounts as may be normal for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described office business operations conducted by Tenant in the Comprehensive Environmental ResponsePremises, Compensation and Liability Act neither Tenant nor its agents, employees, contractors, licensees, sublessees, assignees, concessionaires or invitees shall use, handle, store or dispose of 1980any Hazardous Materials in, as amendedon, 42 U.S.C. Section 9601 et seq., any applicable state under or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within about the Premises or the Project. Except for Hazardous Materials customarily used in connection with general office uses and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionthose listed on Exhibit I, Tenant shall execute affidavitsnot cause or permit any Hazardous Material to be used, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence stored, generated or disposed of Hazardous Substances on or in the PremisesProject or the Premises by Tenant, Tenant’s agents, employees, contractors, or invitees. FurtherExhibit I shall also list applicable Environmental Protection Agency and California Hazardous Materials codes for each waste stream. If any Hazardous Materials are used, stored, generated, or disposed of on or in the Premises by any Tenant Parties (as defined below) including those customarily used in connection with general office uses, or if the Premises become contaminated by any release or discharge of a Hazardous Material by any Tenant Parties and any person in the Premises other than Landlord parties. Tenant shall indemnify indemnify, defend and save hold harmless Landlord harmless from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses, losses (including, without limitation, a decrease in value of the Premises, damages caused by loss or restriction of rentable or usable space, or any damages caused by adverse impact on marketing of the space, and any and all sums paid for settlement of claims, attorneys', consultants' and experts' ’ fees, which arise consultant, and expert fees) arising during or after the Term term of this Lease and arising as a result of such contamination, release or discharge. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any clean-up, remediation, removal, or restoration mandated by federal, state or local agency or political subdivision. As used herein, “Tenant Parties” means Tenant and the agents, contractors, employees, subtenants, licensees and invitees of Tenant. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substances being generated, used or disposed of in or on, or brought to, Material on the Premises by (other than due to subsurface migration from sources outside the Premises) and the same results in any contamination, release or discharge, Tenant or shall promptly, at its employeessole expense, agents, contractors or invitees, or as take any and all necessary actions to return the result of an abatement, treatment or management required as Premises to the result conditions existing prior to the presence of any acts, negligence, repairs or alterations made by Tenant in such Hazardous Material on the Premises. The within covenants Tenant shall survive first obtain Landlord’s approval for any such remedial action. Furthermore, Tenant shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant or the expiration Project concerning the presence of any Hazardous Material of which Tenant receives notice. Tenant acknowledges that Landlord, at Landlord’s election, shall have the sole right, at Tenant’s expense, to negotiate, defend, approve and appeal any action taken or earlier termination of this Leaseorder issued by any governmental authority with regard to any Hazardous Material contamination for which Tenant is obligated hereunder.

Hazardous Substances. Tenant shall not Except as may be disclosed in any environmental report and related information (either with or without negligencethe "Report," as listed on Schedule C) cause or permit within or on delivered by Seller to Purchasers prior to the Premises date hereof, to Seller's Knowledge, the escape, disposal or release Property is free of any biologically- or chemically-active or other "hazardous or toxic substances, materials or wastes substance" (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described as that term is defined in the Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980Act, and the rules and regulations promulgated pursuant thereto, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlordamended and any other applicable federal, state or local law, collectively "laws"), contaminant, oil, radioactive or other materials the removal of which is required or the maintenance of which is prohibited by any local, state or federal agency, authority or governmental unit (such hazardous substances the removal of which is required and/or the maintenance of which is prohibited being hereinafter referred to as "Dangerous Substances"). Seller does not now, nor has it or any of its affiliated entities ever disposed of any Dangerous Substances on the Property and, except as disclosed in the Report, to Seller's request concerning Tenant's best knowledge Knowledge, the Property was never used for such purpose, and belief regarding the presence of Hazardous Property contains no Dangerous Substances in violation of applicable laws. Except as disclosed in the PremisesReport, to Seller's Knowledge, there are no underground storage tanks located on the Property in violation of applicable laws. FurtherNeither Seller nor any current tenant nor occupant of the Property has dumped or landfilled any garbage or refuse on the Property, Tenant shall indemnify and save Landlord to Seller's Knowledge the Property was never used for such purpose. Except as may be shown on surveys of the Property delivered to Purchasers at Closing, to Seller's Knowledge, the Property is not located within an area that has been designated by the Federal Insurance Administration, the Army Corps of Engineers, or any other governmental agency or body as being subject to special flood areas. Seller hereby indemnifies and holds Purchasers harmless from for and against any and all clean-up costsloss, remedial liability, claim or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, expense (including, without limitation, attorneys'cleanup, consultants' engineering and experts' fees, which arise during attorney's fees and expenses and court costs) that Purchasers may incur by reason of (i) the Property containing any Dangerous Substances on or after prior to the Term as a result of any Hazardous Substances Closing Date and (ii) the representation contained in this subsection being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leasefalse.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "The term “Hazardous Substances"” means all hazardous and toxic substances included under or regulated by any local, state or federal law, rule or regulation pertaining to environmental regulation, contamination or clean-up (collectively “Environmental Laws”). Tenant shall not allow keep no Hazardous Substances in or upon the generationBuilding except in compliance with all Environmental Laws. Tenant shall immediately notify Landlord should Tenant become aware of (i) any environmental problem or liability involving Hazardous Substances with respect to the Building, storage or use (ii) any lien, action, or notice under any filed or delivered under any Environmental Law. To the extent that the presence of any Hazardous Substances within introduced at on the Premises in Building by Tenant, Tenant’s agents, or Tenant’s invitees (“Tenant Hazardous Substances”) requires any manner other than normal quantities response action to clean up the Building, Tenant shall, at Tenant’s own cost and expense, take all actions as shall be necessary for the clean-up of cleaning solvents controlled the Building required by any Environmental Law. All costs, including damages, claims, and stored in accordance with expenses (including attorney’s fees) which are necessarily incurred by Landlord related to the Legal Requirements, unless presence of such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Tenant Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed paid by Tenant to Landlord upon demand as Additional Rentreasonably incurred within ten (10) days after notice from Landlord itemizing the amounts incurred. In addition, Tenant shall execute affidavitspay any fines, representations and the like charges, fees, expenses, costs of clean-up, or response costs arising from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of any Tenant Hazardous Substances in the Premises. Further, Tenant under Environmental Law and shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of therefrom in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination accordance with Section 22 of this Lease.

Hazardous Substances. Tenant and its Affiliated Parties shall not (either with manufacture, generate, treat, transport, dispose of, release, discharge, or without negligence) cause store on, under or permit within or on about the Premises or the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes Project (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be except as reasonably required in the ordinary course of Tenant's ’s business and in accordance with the highest standards prevailing operations in the industry Premises or for routine maintenance thereof, to the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described extent used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.compliance with applicable laws), any applicable state asbestos, petroleum or petroleum products, explosives, toxic materials, or substances defined as hazardous wastes, hazardous materials, or hazardous substances under any federal, state, or local laws and the regulations adopted under these actslaw or regulation (“Hazardous Materials”). If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations hold harmless and the like from time to time at defend (with counsel reasonably approved by Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save ) Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, finesliabilities, and costs (including reasonable attorneys fees and expenses and court costs, liabilities ) caused by or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during arising out of (i) a violation of the foregoing prohibition by Tenant or after (ii) the Term as a result presence of any Hazardous Substances being generated, used or disposed of in or Materials on, under, or brought to, about the Premises or the Project during the term of the Lease to the extent caused by or arising out of the actions or omissions of Tenant or its employeesAffiliated Parties. Tenant shall clean up, agentsremove, contractors remediate and repair any soil or inviteesground water contamination and damage caused by the presence or release of any Hazardous Materials in, on, under or about the Premises or the Project during the term of the Lease to the extent caused by or arising, out of the actions or omissions of Tenant or its Affiliated Parties, as required by applicable law and subject to Landlord’s prior reasonable approval of the scope of Tenant’s work. Tenant shall immediately give Landlord written notice (i) upon learning of the presence or release of any Hazardous Materials on or about the Premises or the Project by Tenant, (ii) upon receiving any notices from governmental agencies pertaining to Hazardous Materials which may affect the Premises or the Project, or as (iii) upon receipt of notice of pending or threatened claims against Tenant or the result Project due to the presence or release of an abatement, treatment Hazardous Materials on or management required as about the result of any acts, negligence, repairs Premises or alterations made by Tenant in the PremisesProject. The within covenants obligations of both parties hereunder shall survive the expiration or earlier termination of this Lease and the monetary obligations of Tenant shall be deemed additional Rent payable to and recoverable by Landlord hereunder. At Landlord’s option, any penalties, damages or costs of compliance arising from the presence or release of Hazardous Materials not caused by the acts or omissions of Landlord or its employees, agents or contractors or any other tenant of the Project, may be included within the definition of Operating Expenses and recoverable by Landlord pursuant to Section 7 above, not to exceed $1,000 per year. Landlord shall indemnify, hold harmless and defend (with counsel reasonably approved by Tenant) Tenant from and against any claims, damages, penalties, liabilities, and costs (including reasonable attorneys fees and expenses and court costs) caused by or arising out of the presence or release of Hazardous Materials on or about the Premises or the Project at any time prior to execution of this Lease, or at any time after execution, to the extent arising from the actions or omissions of Landlord, its Affiliated Parties, or any prior owner of the Premises or the Project.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escapeSubtenant may store, disposal or release of any biologically- or chemically-active or other hazardous or toxic substancesuse, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any handle and generate Hazardous Substances within at the Subleased Premises in any manner other than normal connection with the Permitted Uses in commercial quantities of cleaning solvents controlled and stored normally associated therewith, in accordance with Subtenant’s practices immediately prior to the Legal RequirementsEffective Date, unless such and in compliance with Applicable Laws. During the Term, Subtenant shall be responsible for disposing of all Hazardous Substances are generated, stored or used in accordance with generated by Subtenant’s operations at the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Subleased Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, (including, without limitation, the operations of its employees, Affiliates, contractors, subtenants and licensees operations at the Subleased Premises), at Subtenant’s expense. Subtenant shall comply with all Applicable Laws in connection with Subtenant’s storage, use, handling and generation of Hazardous Substances at the Subleased Premises. Upon the expiration or earlier termination of this Sublease or Subtenant’s right to possession of the Subleased Premises, Subtenant shall remove all Hazardous Substances being kept on the Subleased Premises by Subtenant, its employees, Affiliates, contractors, subtenants and licensees, in accordance with Applicable Laws. Subtenant shall indemnify, defend and hold harmless Sublandlord and Landlord from and against all third-party claims and associated lawsuits, governmental actions, obligations, liabilities, costs and expenses (including, but not limited to, court costs, reasonable attorneys'’ fees and remediation costs) caused by Subtenant’s or any of its employees, consultants' and experts' feesagents, which arise during subtenants, contractors, representatives, guests or after the Term as a result invitees use, generation, handling, storage, or release of any Hazardous Substances being generated, used or disposed of in or on, under or brought toabout the Subleased Premises or the Project during the Term in violation of Applicable Laws (any such release being referred to as “Subtenant Contamination”); provided, the Premises Subtenant Contamination shall not include any such release caused by Tenant Sublandlord or its any of Sublandlord’s employees, agents, contractors or inviteesrepresentatives. Subtenant’s indemnification obligations in this section shall include the obligation to defend Sublandlord and Landlord, or as the result with counsel reasonably satisfactory to each of an abatementthem, treatment or management required as the result of in any actsproceedings, negligence, repairs or alterations made by Tenant in the Premisesall at Subtenant’s expense. The within covenants Subtenant’s indemnification obligations under this section shall survive the expiration or earlier termination of this LeaseSublease and shall not be limited by any provisions of this Sublease limiting Subtenant’s liability hereunder. In the event of any Subtenant Contamination, Subtenant shall investigate, monitor, clean-up, remove, xxxxx and remediate the Subtenant Contamination to the extent required to comply with Applicable Laws, including, without limitation, any requirements of a governmental authority imposed in accordance with Applicable Laws, and in a manner that does not materially interfere with Sublandlord’s or any of its other subtenants or licensees use of the Project. Sublandlord shall not use, store, generate, release or discharge any Hazardous Substances on the Subleased Premises or Common Areas in violation of Applicable Laws. Sublandlord shall indemnify, defend and hold harmless Subtenant from and against all third-party claims and associated lawsuits, governmental actions, obligations, liabilities, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and remediation costs) caused by Sublandlord’s or any of its employee’s, Affiliate’s, contractor’s, representative’s or licensee’s release of any Hazardous Substances on, under or about the Subleased Premises or Common Areas during the Term in violation of Applicable Laws (any such release being referred to as “Sublandlord Contamination”). Sublandlord’s indemnification obligations in this section shall include the obligation to defend Subtenant, with counsel reasonably satisfactory to Subtenant, in any proceedings, all at Sublandlord’s expense. Sublandlord’s indemnification obligations under this section shall survive the expiration or earlier termination of this Sublease and shall not be limited by any provisions of this Sublease limiting Sublandlord’s liability hereunder. In the event of Sublandlord Contamination, Sublandlord shall investigate, monitor and clean-up, remove, xxxxx and remediate such Sublandlord Contamination to the extent validly required by any governmental authority under Applicable Law, and in a manner that does not materially interfere with Subtenant’s use of the Subleased Premises.

Hazardous Substances. Although Tenant has reviewed a Phase I Environmental Site Assessment prepared for Xxxxx Xxxxxxx by AES Due Diligence dated September 5, 2002, (the “Entrance Assessment”) with respect to the Premises (and Landlord makes no representation or warranty regarding such report). Landlord shall not (either with or without negligence) cause or permit within or indemnify Tenant for losses incurred by Tenant resulting from the contamination of the Premises of Hazardous Materials to the extent Tenant establishes that the contamination existed on the Premises before the escape, disposal Commencement Date (unless caused by Tenant or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"Tenant’s Invitees). Neither Tenant shall not allow the generationnor any of Tenant’s Invitees may use, storage manufacture, store, or use dispose of any Hazardous Substances Materials anywhere within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored Project, except in accordance with the Legal Requirementsall Applicable Regulations and as identified in Tenant’s Operations Plan, unless and only if all claims, liabilities and damages arising from such Hazardous Substances Materials are generatedeither adequately covered (and the Hazardous Materials permitted) by Landlord’s insurance or covered (and the Hazardous Materials permitted) by supplemental insurance or endorsements appropriate to such use reasonably acceptable to Landlord. If the Premises is contaminated by any Hazardous Material during the Term or if any part of the Project is contaminated by any Hazardous Material used by Tenant or Tenant’s Invitee, stored or used in accordance with the Legal Requirements and approved in advance then (1) Tenant shall promptly notify Landlord in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitationcontamination, Hazardous Substances shall include those described in the Comprehensive Environmental Responseand (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, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within necessary to return the Premises and if Project to at least as good a condition as they were in as of the Commencement Date, 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 reasonably deems necessary or any lender or governmental agency requires testing desirable to ascertain whether or not there has been any release be undertaken, whereupon the entire cost thereof (plus a supervisory fee equal to five percent of Hazardous Substances, then the reasonable costs thereof shall such cost) will be reimbursed payable by Tenant to Landlord upon demand as Additional Rentadditional rent. In additionIf Tenant does not promptly commence and diligently pursue such remediation, then Landlord may perform or cause to be performed such remediation and Tenant shall execute affidavitsimmediately, representations upon demand, pay the cost thereof, plus a supervisory fee in the amount of five percent of such cost. The parties obligations and liability under this paragraph shall survive the termination of Tenant’s tenancy and the like from time Term of this Lease, except that nothing contained in this paragraph shall be deemed to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, impose liability on Tenant shall indemnify and save Landlord harmless from and against for any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or problem arising after the Term as a result of any Hazardous Substances being generated, used this Lease or disposed later vacation of in or on, or brought to, the Premises by Tenant or its employeesTenant’s Invitees, agents, contractors or invitees, or as provided neither Tenant nor Tenant’s Invitees contributed to such problem during the result Term of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant PEF shall provide to Ranchcorp prior to commencing construction of the Project, and shall thereafter periodically update, a list of Hazardous Substances that PEF requires on the Premises for the construction, operation, maintenance and/or decommissioning of the Project or any Alterations. PEF shall not (either with or without negligence) cause or permit within possession or storage on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substance other than those named on the then-most recent list of Hazardous Substances within provided to Ranchcorp. PEF shall not cause or permit to occur during the Term any unlawful Release of a Hazardous Substance on, about or beneath the Premises, whether affecting surface water or groundwater, air, the surface or subsurface environment. In the event any unlawful Release of a Hazardous Substance to the environment occurs on or about or beneath the Premises in during the Term as a result of any manner other than normal quantities act or omission of cleaning solvents controlled PEF or any of PEF's Agents, PEF shall promptly undertake all remedial measures required to clean up and stored xxxxx or otherwise respond to the unlawful Release in accordance with applicable Environmental Laws at PEF's sole cost, and PEF shall, subject to Section 12.8 of the Legal RequirementsTransaction Agreement, unless such Hazardous Substances are generatedindemnify, stored or used in accordance with the Legal Requirements defend, protect and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold Ranchcorp harmless from and against any and all clean-up claims, losses, first and third party damages, liabilities and costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, including without limitation, attorneys', limitation reasonable consultants' and expertsattorneys' feesfees and costs, which arise during arising out of or after relating to the Term presence of Hazardous Substances on or about the Premises as a result of any act or omission of PEF or PEF's Agents. If any unlawful Release of a Hazardous Substances being generated, Substance which is used or disposed of in or on, or brought to, on the Premises by Tenant PEF or its employeesany of PEF's Agents comes to be located on or beneath the Premises or within 50 feet of the property line of the Premises, agentsunless the source of such release is readily identifiable at the time the Release becomes known, contractors or invitees, or as such release shall be presumed (subject to the following sentence) to be the result of an abatementact or omission of PEF or PEF's Agents and shall trigger PEF's remedial and indemnity obligations under this section. Those obligations shall continue in effect until and unless a different source of the Release is identified with a reasonable degree of certainty, treatment as evidenced either by Ranchcorp's written concurrence with identification of a different source or management required a decision concurring with identification of a different source by an arbitrator engaged pursuant to the following sentence. Any dispute between the parties regarding the source of a Release shall be resolved by arbitration as provided under Section 12 of the result Transaction Agreement. Nothing in this Lease is intended to release any party from any liability it may have under the Comprehensive Environmental Response Compensation and Liability Act. The prior sentence is not intended to modify any indemnity or other undertaking of any acts, negligence, repairs or alterations made by Tenant in party under any of the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseProject Agreements.

Hazardous Substances. Tenant shall not (either cause or permit any Hazardous Substance to be used, stored, generated or disposed of on or in the Premises by Tenant, Tenant’s agents, employees, contractors, or invitees, other than customary cleaning solvents, without first obtaining Landlord’s written consent. If Hazardous Substances are used, stored, generated or disposed of on or in the Premises whether with or without negligence) cause Landlord’s consent or permit within or on if the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises become contaminated in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If which Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Furtheris legally liable, Tenant shall indemnify and save hold harmless the Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, fines judgments, penalties, fines, costs, liabilities or losses, losses (including, without limitation, attorneys'a decrease in value of the Premises or Building, consultants' damages due to loss or restriction of rentable or usable space, or any damages due to adverse impact on marketing of the space, and experts' any and all sums paid for settlement of claims, attorney’s fees, which arise consultant and expert fees) arising during or after the Lease Term and arising as a result of such use, storage, generating, disposal, or contamination by Tenant. 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 any Hazardous Substances being generated, used or disposed of in or on, or brought to, Substance on the Premises by and such results in contamination, Tenant or shall promptly, at its employeessole expense, agents, contractors or invitees, or as take any and all necessary actions to return the result of an abatement, treatment or management required as Premises to the result condition existing prior to the presence of any acts, negligence, repairs or alterations made by Tenant in such Hazardous Substance on the Premises. The within covenants Tenant shall survive first obtain Landlord’s approval for any such remedial action. As used herein, “Hazardous Substance” means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the expiration State of South Carolina, or earlier termination of this Leasethe United States government. “Hazardous Substance” 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 law. “Hazardous Substance” includes but is not restricted to asbestos, polychlorobiphenyls (“PCB’s”) and petroleum.

Hazardous Substances. Tenant shall (a) Borrower hereby covenants and agrees that so long as any Indebtedness of Borrower to U.S. Bank is outstanding: (i) Borrower will not (either with permit its property or without negligence) cause or permit within or on any portion thereof to be a site for the Premises the escapestorage, use, generation, manufacture, disposal or release transportation of Hazardous Materials in violation of Hazardous Materials Laws; (ii) Borrower will not permit any biologically- or chemically-active or Hazardous Materials to be disposed of off its property other hazardous or toxic substancesthan in properly licensed disposal sites; (iii) Borrower, materials or wastes (collectivelyat Borrower's sole cost and expense, "Hazardous Substances"). Tenant will keep and maintain its property and each portion thereof in compliance with and shall not allow the generation, storage cause or use knowingly permit its property or any portion thereof to be in violation of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled Materials Laws; and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance (iv) Borrower will promptly after obtaining actual knowledge thereof advise U.S. Bank in writing by Landlordof any Hazardous Material Claim. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business (b) Borrower agrees to indemnify U.S. Bank and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold U.S. Bank harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgmentsdemands, damages, losses, liens, liabilities, penalties, fines, costs, liabilities or losses, including, without limitation, lawsuits and other proceedings and costs and expenses (including reasonable attorneys', consultants' and experts' fees), arising directly or indirectly from or out of or in any way connected with (i) the accuracy of the representations contained in Section 7.18 hereof; (ii) any activities on its property during Borrower's ownership, possession or control of its property which arise during directly or after indirectly results in its property or any other property becoming contaminated with Hazardous Materials; (iii) the Term discovery of Hazardous Materials on its property; (iv) the cleanup of Hazardous Materials from its property; and (v) the discovery of Hazardous Materials or the cleanup of Hazardous Materials from adjacent or other property that has become contaminated as a result of any activity on Borrower's property. As between Borrower and U.S. Bank, Borrower acknowledges that it will be solely responsible for all costs and expenses relating to the cleanup of Hazardous Substances being generatedMaterials from its property or from any other properties that become contaminated with Hazardous Materials as a result of activities on or the contamination of its property. (c) Borrower's obligations under this Section 5.8 are unconditional and shall not be limited by any nonrecourse or other limitations of liability provided for in the Loan Documents. The representations, used or disposed warranties and covenants of Borrower set forth in or onthis Section 5.8 and Section 7.18 hereof (including, or brought but not limited to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant indemnity provided for in the Premises. The within covenants Section 5.8(b) hereof) shall survive the expiration closing and repayment of the Loan to U.S. Bank; and, to the extent permitted by Applicable Laws and Hazardous Materials Laws, shall survive the transfer of its property by foreclosure proceedings (whether judicial or earlier termination nonjudicial), deed in lieu of foreclosure or otherwise. Borrower acknowledges and agrees that its covenants and obligations hereunder are separate and distinct from its obligations under the Loan and the Loan Documents. Notwithstanding any provision of this Lease.Agreement or any of the other Loan Documents to the contrary, the provisions of this Section 5.8 shall not be secured by the Deed of Trust. 5.9 Corporate Existence Maintain and preserve the corporate existence of Borrower. 5.10

Hazardous Substances. Tenant shall not (either with As used herein, the term “Hazardous Substance” means any substance which is toxic, ignitable, reactive, or without negligence) cause or permit within or on corrosive and which is regulated by any local government, the State in which the Premises is located, or the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "United States government. “Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against Substance” includes any and all clean-up costsmaterials or substances which are defined as “hazardous waste”, remedial “extremely hazardous waste” or restoration worka “hazardous substance” pursuant to state, claimsfederal or local governmental law. “Hazardous Substance” includes, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought but is not limited to, the Premises by Tenant or its employeesasbestos, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisespolychlorobiphenyls and petroleum. The within covenants provisions under this entire Article shall survive the expiration or earlier termination of this Lease. Tenant shall not cause or permit any Hazardous Substance to be used, stored, generated, or disposed of on, in or about the Premises without obtaining Landlord’s prior written consent. Tenant shall be permitted to use Hazardous Substances in such amounts and of such type as are commonly and customarily used in the cleaning and maintenance of the Premises. If any Hazardous Substance, except for those stated in the previous two sentences, is used, stored, generated, or disposed of on, in, or about the Premises except as permitted above, or if the Premises become contaminated in any manner as a result of any breach of the foregoing covenant or any act or omission of Tenant or any of its agents, employees or contractors, Tenant shall indemnify, defend and hold harmless Landlord from any and all claims, demands, actions, damages, fines, judgments, penalties, costs (including attorneys’, consultants’, and experts’ fees), liabilities, losses (including without limitation, any decrease in value of the Premises, damages due to loss or restriction of rentable or usable space, or any damages due to adverse impact on marketing of Premises), and expenses arising during or after the term of this Lease and arising as a result of such contamination. 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 any Hazardous Substance on, in, or about the Premises that results in contamination, Tenant, at its sole expense, shall promptly take any and all necessary actions to return the Premises to the same condition that existed prior to the presence of any such Hazardous Substance on, in, or about the Premises. Tenant shall first obtain Landlord’s approval for any such remedial action. Notwithstanding the foregoing, this indemnification shall only apply to contamination by Hazardous Substances resulting from Tenant’s use and operation of the Premises. Nothing herein contained shall be held to indemnify Landlord from liability for Hazardous Substances contamination resulting from Landlord’s ownership, use or operation, or the use or operation by any third party in, on or under the Premises. Landlord hereby represents and warrants that Landlord has no knowledge of the use, storage, generation or disposal of any Hazardous Substance in, on or about the Premises, and that Landlord has not used, stored, generated or disposed of any Hazardous Substance in, on or about the Premises. In the event of the breach of this representation and warranty, Landlord shall indemnify and hold harmless Tenant from and against all costs and liability, including costs of remediation and litigation costs, if any, to the extent occasioned thereby.

Hazardous Substances. Tenant shall not (either store, generate, discharge, treat, dispose of, sell, handle or transport any Hazardous Substances on or about the Premises, except for Hazardous Substances commonly utilized in the operation of the Permitted Use, but then only in such quantities and to the extent allowed under Governmental Regulations. In all events any Hazardous Substances shall be handled and stored in strict compliance with or without negligence) cause or permit within or all Governmental Regulations and environmental requirements, and evidence of such compliance shall be given to Landlord if requested by Landlord. All Hazardous Substances shall be disposed of in accordance with Governmental Regulations and environmental requirements. In no event shall any Hazardous Substances be disposed of on the Premises through the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within sewer system serving the Premises in any manner other than normal quantities of cleaning solvents controlled and or stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rentunderground. In addition, Tenant shall execute affidavitscomply with, representations and immediately, upon request, provide Landlord with copies of all permits, inspection reports, monitoring reports, licenses, orders, demands, compliance requests, edicts or other documents filed, served, delivered or transmitted either with, to or from the like from time Minnesota Department of Health, Minnesota Pollution Control Agency or the Environmental Protection Agency (or any successor organization) or other governmental body. If Tenant becomes aware that any Hazardous Substances have been released or are located at or beneath the Premises, Tenant shall immediately give written notice to time at Landlord's request concerning Landlord of such condition. At the end of the Lease Term or earlier termination of Tenant's best knowledge possession of the Premises, Tenant shall remove, at its cost, and belief regarding the presence of in full compliance with all applicable Governmental Regulations and environmental requirements, all Hazardous Substances from the Premises caused or permitted by Tenant. Tenant agrees to indemnify and hold the Landlord harmless from all claims, lawsuits, costs, expenses, damages or liabilities (including reasonable attorneys’ fees and costs) arising from Tenant’s breach of any of the obligations or representations contained in this Section, including costs of remediation, cleanup and detoxification of the Premises. Further, Tenant shall further agrees to indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fineslawsuits, costs, expenses, damages or liabilities or losses, including, without limitation, (including reasonable attorneys', consultants' ’ fees and experts' fees, which arise during or after the Term costs) as a result of any release of Hazardous Substances being generatedcaused by Tenant at the Premises, used provided that this indemnity obligation is limited to costs, damages and liability for clean-up or disposed remediation of Hazardous Substances, and does not include damages or liability to persons or to Landlord’s business or for incidental or consequential damages such as lost profits or closure of the business resulting from the existence of Hazardous Substances. For purposes of clarity, in no event shall Tenant’s indemnity in this Section 3.6 apply to Hazardous Substances that were introduced to the Premises Minnetonka, Minnesota by anyone other than Tenant, Tenant’s employees, contractors, licensees, agents, vendors, customers and invitees. The provisions of this Section shall survive the expiration or on, or brought totermination of this Lease. To Landlord’s knowledge without investigation, the Premises is free of Hazardous Substances on the Delivery Date, but excluding any Hazardous Substances brought onto the Premises prior to the Delivery Date to Tenant by Tenant or its employees, contractors, licensees, agents, contractors or vendors, customers and invitees. Landlord represents and warrants to Tenant that, or as the result of an abatementto Landlord’s knowledge without investigation, any handling, transportation, storage, treatment or management required as usage of Hazardous Substances that has occurred on the result Premises or otherwise within the Building prior to the Delivery Date has been in compliance with all Governmental Regulations. Landlord agrees to indemnify, defend and hold Tenant harmless from all claims, lawsuits, costs, expenses, damages or liabilities (including reasonable attorneys’ fees and costs) arising from Landlord’s breach of any actsof the obligations or representations contained in this Section, negligenceprovided that this indemnity obligation for existing Hazardous Substances is limited to costs, repairs damages and liability for clean-up or alterations made by remediation of Hazardous Substances, and does not include damages or liability to persons or to Tenant’s business or for incidental or consequential damages such as lost profits or closure of the business resulting from the existence of Hazardous Substances, but the indemnity shall expressly cover Tenant's costs of relocation from the Premises if Tenant in relocates because of Hazardous Substances at the Premises. The within covenants provisions of this Section shall survive the expiration or earlier termination of this Lease. Tenant, at its cost, further agrees to comply with each present and future Governmental Regulations and environmental requirements regulating the collection, sorting, separation, recycling of waste products, garbage, refuse, infectious waste and trash (collectively, the “Waste”) in or about the Premises. Tenant shall sort and separate the Waste into such containers and categories as required by Governmental Regulations. Such separate receptacles shall be removed from the Premises in accordance with collection schedules prescribed by Governmental Regulations or otherwise reasonably prescribed by Tenant.

Hazardous Substances. Tenant shall use all reasonable efforts to not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- biologically or chemically-chemically active or other hazardous substances or toxic substances, materials or wastes (collectively, "Hazardous Substances")materials. Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises such substances or materials in any manner other than normal quantities in violation of cleaning solvents controlled law or materially below the accepted standards prevailing in the industry for the storage and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only such substances or materials, nor allow to be brought into the Project any such materials or substances except to use in the ordinary course of Tenant's business and in accordance with business. After written notice from Landlord requesting the highest standards prevailing in the industry for the generation, storage and use identity of such Hazardous Substancessubstances or materials, Tenant shall provide Landlord with a list of the same. Without limitation, Hazardous Substances hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et et. seq., any and applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires shall ever require testing to ascertain whether or not there has been any release of Hazardous Substanceshazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rentadditional charges if such requirement applies to the Premises and Tenant has caused the release. In addition, Tenant shall execute affidavits, representations and the like certify on a reasonable basis from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in hazardous substances or materials brought by Tenant on to the Premises. FurtherIn all events, Tenant shall indemnify and save Landlord harmless in the manner elsewhere provided in this Lease from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result release of any Hazardous Substances being generated, used or disposed of in or on, or brought to, hazardous materials on the Premises (but only if brought by Tenant or its employees, agents, contractors or inviteespermitted by Tenant to be brought) occurring while Tenant is in possession, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made on adjoining land if caused by Tenant in the Premisesor persons acting under Tenant. The within covenants shall survive the expiration or earlier termination of the Term. In all events, Landlord shall indemnify Tenant in the manner elsewhere provided in this LeaseLease from any release of hazardous materials on the Premises now existing in, on, under or about the Premises or incorporated in the Project or caused or permitted by Landlord, or on adjoining land if caused by Landlord or persons acting under Landlord. The within covenants shall survive the expiration or earlier termination of the Term.

Hazardous Substances. Landlord represents and warrants to Tenant that to the best of its knowledge as of the date of this lease, there are no Hazardous Substances located in, on or under the building or the Project other than as disclosed to Tenant in writing; provided that, for purposes of the foregoing representation and warranty, "Hazardous Substances" shall mean those substances which are as of the date of this lease regulated by local, state or federal law or regulation requiring removal or other remediation, warning or restrictions on use, generation, storage, disposal or transportation to the extent those substances are present in quantities which are deemed hazardous by such laws or regulations. For purposes of the remainder of this Paragraph 28, "Hazardous Substances" shall mean those substances which are now or hereafter regulated by local, state or federal law or regulation requiring removal or other remediation, warning or restrictions on use, generation, storage, disposal or transportation to the extent those substances are present in quantities which are deemed hazardous by such laws or regulations. Landlord shall indemnify and hold Tenant harmless from and against all claims, costs, damages and liabilities, including attorneys' fees and costs, arising out of or in connection with the presence of any Hazardous Substances in, on or under the building or the Project to the extent such presence is caused by Landlord or such presence existed prior to the date of this lease. Landlord's obligations hereunder shall survive the termination of this lease. Tenant, at its sole cost, shall comply with all laws relating to its storage, use, generation, transportation, disposal and release of Hazardous Substances. If Tenant does store, use, generate, transport or dispose of any Hazardous Substances, Tenant shall notify Landlord in writing at least ten (10) days prior to their first appearance on the premises; provided, however, that Tenant shall not (either have to give such notice with regard to incidental quantities of any such Hazardous Substances present in products stored, used or without negligence) cause otherwise brought onto the premises for general office and/or janitorial purposes. Tenant shall be solely responsible for and shall defend, indemnify and hold Landlord and its agents, employees and representatives harmless from and against all claims, costs, damages and liabilities, including attorneys' fees and costs, arising out of or permit within in connection, with Tenant's, or on the Premises the escapeTenant's agents, contractors or employees, storage, use, generation, transport, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). , including, without limitation, any such claims, costs, damages and liabilities, including attorneys' fees and costs, arising out of or in connection with any investigation, testing, removal, clean-up, remediation and/or restoration services, work, equipment and materials necessary to remove or otherwise satisfactorily remediate the contamination and any related problems actually caused by Tenant's, or Tenant's agents, contractors or employees, use, storage, generation, transportation, disposal or release of Hazardous Substances in, on or around the premises or the Project; but it is understood and agreed that Tenant shall not allow be responsible, and Landlord releases Tenant from liability for, Hazardous Substances contamination in, on or around the premises, including without limitation investigation, testing, remediation and/or restoration costs related thereto, that is not actually caused by the storage, use, generation, storage transport, disposal or release of Hazardous Substances by Tenant or Tenant's agents, contractors or employees. Tenant's obligations hereunder shall survive the termination of this lease. If at any time during or after the term of this lease, as it may be extended, Tenant becomes aware of any inquiry, investigation, and administrative proceeding, or judicial proceeding by any governmental agency regarding the storage, use or disposition of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionor its agents, contractors or employees on or about the premises or the Project, Tenant shall execute affidavitswithin five (5) days after first learning of such inquiry, representations investigation or proceeding give Landlord written notice advising Landlord of same. Landlord and Tenant agree that this Paragraph 28 is intended to delineate the like from time to time at Landlord's request concerning Tenant's best knowledge parties' respective rights and belief obligations regarding the presence of Hazardous Substances in in, on or around the Premises. Further, Tenant premises or the Project and that other provisions of this lease shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or onnot be construed to expand, or brought tolimit, the Premises by Tenant such rights or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseobligations.

Hazardous Substances. Tenant hereby covenants and agrees that Tenant shall not (either with or without negligence) cause or permit within any “Hazardous Substances” (as hereinafter defined) to be generated, placed, held, stored, used, located or on disposed of in the Building or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Premises for Tenant’s permitted use, but only so long as the escapequantities thereof do not pose a threat to public health or to the environment, disposal and so long as Tenant strictly complies or release of any biologically- causes compliance with all applicable governmental rules and regulations concerning the use or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use production of such Hazardous Substances. Without limitationFor purposes of this Paragraph 38, “Hazardous Substances” shall mean and include those elements or compounds which are contained in the list of Hazardous Substances shall include those described in adopted by the Comprehensive United States Environmental ResponseProtection Agency (EPA) or the list of toxic pollutants designated by Congress or the EPA which are defined as hazardous, Compensation and Liability Act of 1980toxic, as amendedpollutant, 42 U.S.C. Section 9601 et seq.infectious or radioactive by any other federal, any applicable state or local laws and the regulations adopted under these actsstatute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in effect (collectively “Environmental Laws”). If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any loss, liability, damages and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, costs and expenses (including without limitation, reasonable attorneys'’ fees and disbursements) that Landlord may at any time suffer solely by reason of Tenant’s using, consultants' and experts' feestransporting, which arise during storing, releasing, handling, producing or after the Term as a result of installing any Hazardous Substances being generatedin, used on or disposed of in or on, or brought to, from the Premises by Tenant or its employees, agents, contractors or invitees, or as the result in violation of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the PremisesEnvironmental Laws. The within covenants obligations of Tenant under this Paragraph 38 shall survive the any expiration or earlier termination of this Lease. Additionally, Tenant must notify Landlord prior to bringing any hazardous substances to the property and receive Landlord’s written approval, which approval shall be at Landlord’s sole discretion.

Hazardous Substances. Except as provided below, Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substances to be brought upon, produced, stored, used, discharged or on disposed of in or near the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, Project unless Landlord has consented to such storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlordits sole discretion. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such “Hazardous Substances. Without limitation, Hazardous Substances shall ” include those hazardous substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any other applicable federal, state or local laws law, and the regulations adopted under these actslaws. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires shall require testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of for Hazardous Substances in the Premises. FurtherPremises due to the actions or inactions of Tenant, Tenant shall pay all reasonable costs for such testing. Tenant agrees to indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgmentsdemands, damagesactions, penalties, finesliabilities, costs, liabilities or lossesexpenses, including, without limitation, attorneys', consultants' damages and experts' fees, which arise during or after obligations of any nature arising from the Term contamination of the Project with Hazardous Substances as a result of any Hazardous Substances being generated, used or disposed arising out of in the use or on, or brought to, occupancy of the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the PremisesTenant. The within covenants foregoing indemnification shall survive the termination or expiration or earlier termination of this Lease. Tenant may use and store in the Premises janitorial supplies and other items as are necessary in the normal operation of Tenant’s business in the Premises (“Necessary Hazardous Substances”), provided Tenant (i) uses and stores all Necessary Hazardous Substances in accordance with all applicable Governmental Requirements; (ii) indemnifies and holds Landlord harmless from any claims, costs or damages arising from the presence of any Necessary Hazardous Substances in the Building; and (iii) pays any increased insurance premiums arising from the presence of any Necessary Hazardous Substances in the Building. Landlord shall use its reasonable best efforts to prohibit other tenants and visitors in the Project from causing or permitting contamination of the Project with Hazardous Substances as aforesaid, provided Landlord shall not be liable to Tenant or any other party in the event such contamination occurs.

Hazardous Substances. Tenant may, to the extent allowed by Applicable Laws, bring, generate, store and use Permitted Hazardous Substances on the Premises as necessary for the conduct of its business in accordance with the Permitted Uses. However, Tenant shall use, store and dispose of any Permitted Hazardous Substances in strict compliance with all Applicable Laws, manufacturers' directions and industry standards, and shall defend, indemnify and hold Landlord harmless with respect to such origination, use or storage as more particularly set forth in Section 13.1. Tenant shall give Landlord notice of such Permitted Hazardous Substances as it may bring or generate on the Premises from time to time, and present Landlord with reasonable evidence that Tenant has obtained all Necessary Permits and is complying with all Applicable Laws, manufacturers' directions and industry standards with respect thereto. Tenant shall promptly reimburse Landlord for any reasonable expenses incurred by Landlord in connection with Tenant's use of any particular Permitted Hazardous Substances on the Premises. Tenant shall not (either with bring, generate, store or without negligence) cause or permit within or on use any Hazardous Substances in the Premises other than Permitted Hazardous Substances. In the escapeevent that Tenant or any Party for Which Tenant is Responsible should spill, disposal release, emit, discharge or release dispose of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances", permitted or otherwise, on, in or from the Premises, Tenant shall promptly contain, remediate, remove and clean up such substances in strict compliance with all Applicable Laws, give all notices to applicable governmental authorities required by such laws and shall indemnify and hold Landlord harmless thereto pursuant to Section 13.1 as aforesaid. In the event Tenant shall fail promptly to take any required action in such regard, Landlord may cure Tenant's such failure or default pursuant to the provisions of Section 17.3 (with, as set forth in said Section, the prior notice requirement suspended in the case of any emergency). Tenant shall not, however, be liable or responsible for, be made to bear any costs or expenses regarding, be required to test, remediate, remove, clean up or do any other work or take any other action with respect to, be responsible for compliance with Applicable Laws regarding, nor indemnify Landlord or any other party, with respect to any Hazardous Materials which neither Tenant nor any Party for Which Tenant is Responsible brought, generated, stored, used, installed, spilled, released, emitted, discharged, or disposed of on, in or from the Premises or Park. Without limiting the foregoing, Tenant shall not allow the generation, storage be responsible or use of liable for any Hazardous Substances within pre-existing in, on or about the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing Park prior to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseCommencement Date.

Hazardous Substances. A. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Premises the escapeComplex by Tenant, disposal Tenant’s agents, employees, contractors or release invitees in violation of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes Environmental Laws (collectively, "Hazardous Substances"as hereinafter defined). Tenant shall not allow the generation, storage or use of any If Hazardous Substances within are used, stored, generated, contained or disposed of on or in the Premises Complex, or if the Complex becomes contaminated in any manner other than normal quantities due to the actions or omissions of cleaning solvents controlled and stored in accordance with the Legal RequirementsTenant or its agents, unless such Hazardous Substances are generatedemployees, stored contractors or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additioninvitees, Tenant shall execute affidavitsindemnify, representations defend (with counsel reasonably acceptable to Landlord) and hold the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord Parties harmless from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damages, penalties, fines, costs, liabilities or losses, and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys', consultants' and experts' ’ fees, which arise consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. 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. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substances being generatedSubstance on the Complex in violation of Environmental Laws that results in contamination, used or disposed Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of in or onany such Hazardous Substance on the Complex; provided, or brought tohowever, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the Premises submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesa Hazardous Substance under Environmental Laws. The within covenants indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this LeaseLease Agreement.

Hazardous Substances. Tenant shall not (either with dispose of or without negligence) cause or permit within or otherwise allow the release of any “Hazardous Substances” in, under, over and/or on the Premises or any property within the escapevicinity of the Premises; provided, disposal however, that Tenant shall be permitted to release those Hazardous Substances customarily released as part of standard farming practices in the amounts customarily released in connection with such farming practices so long as such release is permitted by, and made in compliance with, Applicable Law and provided further that, in no event, shall there be any underground storage or release placement of any biologically- Hazardous Substance on or chemically-active in the vicinity of the Premises. Tenant shall be wholly responsible for any costs incurred for removal or other hazardous remediation of any Hazardous Substances released and/or any contamination incurred in connection with Tenant's use of the Premises (regardless of whether any such release or toxic substances, materials contamination is or wastes (collectively, "Hazardous Substances"results from any permitted activity). Tenant shall not allow the generationpromptly comply with all Applicable Laws and all orders, storage decrees or use judgments of any Governmental Agency relating to Hazardous Substances. Tenant shall immediately provide Landlord with copies of any notice, report or other correspondence between Tenant and any Governmental Agency concerning any Hazardous Substances within on or in the Premises in any manner other than normal quantities vicinity of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or Premises. As used in accordance with this Agreement, the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such term “Hazardous Substances. Without limitation” means all hazardous substances, Hazardous Substances shall include those described hazardous wastes, hazardous materials, toxic materials, or toxic substances and any other substances, including asbestos, petroleum and its by-products, sewage, raw or treated, and any other substance identified in or regulated pursuant to the Comprehensive Environmental Responseprovisions of any federal, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws statutes, laws, ordinances, regulations, permit conditions, administrative orders and similar requirements pertaining to health, safety and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord environment or any lender legislation or governmental agency requires testing ordinance of any Governmental Agency identified by its terms as pertaining to ascertain whether hazardous or not there has been any release toxic wastes, substances or materials. Without limiting the generality of Hazardous SubstancesParagraph 11, then the reasonable costs thereof provisions of Paragraph 11 shall be reimbursed by Tenant apply to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Furtherobligations under this Paragraph 9, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of including any Hazardous Substances being generated, used or disposed Substance removal and/or remediation costs and obligations which are the responsibility of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesunder this Paragraph 9. The within covenants provisions of this Paragraph 9 shall survive the any expiration or earlier termination of this Lease.

Hazardous Substances. Tenant shall not use, produce, store, release, dispose or handle in or about the Leased Premises or transfer to or from the Leased Premises (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes party to do such acts) any Hazardous Substance (collectively, "Hazardous Substances"as defined herein) except in compliance with all applicable Environmental Laws (as defined herein). Tenant shall not allow the generation, storage construct or use any improvements, fixtures or equipment or engage in any act on or about the Leased Premises that would require the procurement of any license or permit pursuant to any Environmental Law. Tenant shall immediately notify Landlord of (i) the existence of any Hazardous Substances within Substance on or about the Leased Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only that may be in the ordinary course violation of Tenant's business and in accordance with the highest standards prevailing in the industry any Environmental Law (regardless of whether Tenant is responsible for the generation, storage and use existence of such Hazardous SubstancesSubstance), (ii) any proceeding or investigation by any governmental authority regarding the presence of any Hazardous Substance on the Leased Premises or the migration thereof to or from any other property, (iii) all claims made or threatened by any third party against Tenant relating to any loss or injury resulting from any Hazardous Substance, or (iv) Tenant’s notification of the National Response Center of any release of a reportable quantity of a Hazardous Substance in or about the Leased Premises. Without “Environmental Law(s)” shall mean any federal, state or local statute, ordinance, rule, regulation or guideline pertaining to health, industrial hygiene, or the environment, including without limitation, Hazardous Substances shall include those described in the federal Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980Act. “Hazardous Substance(s)” shall mean all substances, materials and wastes that are or become regulated, or classified as amendedhazardous or toxic, 42 U.S.C. Section 9601 et seq., under any applicable state or local laws and the regulations adopted under these actsEnvironmental Law. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of it is determined that any Hazardous Substances being generated, used or disposed Substance exists on the Leased Premises resulting from any act of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors contractors, licensees, subtenants or inviteescustomers, or as then Tenant shall immediately take necessary action to cause the result removal of an abatementsuch substance and shall remove such within ten (10) days after discovery. Notwithstanding the above, treatment or management required as if the result Hazardous Substance is of a nature that cannot be reasonably removed within ten (10) days Tenant shall not be in default if Tenant has commenced to cause such removal and proceeds diligently thereafter to complete removal, except that in all cases, any actsHazardous Substance must be removed within sixty (60) days after discovery thereof. Furthermore, negligencenotwithstanding the above, repairs or alterations made by Tenant if in the Premises. The within covenants shall survive good faith judgment of Landlord, the expiration existence of such Hazardous Substance creates an emergency or earlier termination is of this Leasea nature which may result in immediate physical danger to persons at the Property, Landlord may enter upon the Leased Premises and remove such Hazardous Substances and charge the cost thereof to Tenant as Additional Rent.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or Grantor represents and warrants that the Collateral never has been, and never will be so long as this Agreement remains a lien on the Premises the escapeCollateral, disposal or release used in violation of any biologically- Environmental Laws or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage manufacture, storage, transportation, treatment, disposal, release or threatened release of any Hazardous Substance. The representations and use of such warranties contained herein are based on Grantor’s due diligence in investigating the Collateral for Hazardous Substances. Without limitation, Hazardous Substances shall include those described Grantor hereby (1) releases and waives any future claims against Xxxxxx for indemnity or contribution in the Comprehensive event Grantor becomes liable for cleanup or other costs under any Environmental ResponseLaws, Compensation and Liability Act (2) agrees to indemnify and hold harmless Lender against any and all claims and losses resulting from a breach of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws this provision of this Agreement. This obligation to indemnify shall survive the payment of the Indebtedness and the regulations adopted under these actssatisfaction of this Agreement. If Tenant uses Hazardous Substances within [Conform to Underlying Loan Portfolio] Maintenance of Casualty Insurance. Grantor shall procure and maintain all risks insurance, including without limitation fire, theft and liability coverage together with such other insurance as Lender may require with respect to the Premises Collateral, in form, amounts, coverages and if Landlord basis reasonably acceptable to Lender and issued by a company or any lender or governmental agency requires testing companies reasonably acceptable to ascertain whether or not there has been any release Lender. Grantor, upon request of Hazardous SubstancesXxxxxx, then the reasonable costs thereof shall be reimbursed by Tenant will deliver to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at Landlord's request concerning Tenant's best knowledge least ten (10) days’ prior written notice to Lender and belief regarding not including any disclaimer of the presence insurer’s liability for failure to give such a notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Hazardous Substances Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. In connection with all policies covering assets in which Lender holds or is offered a security interest, Grantor will provide Lender with such loss payable or other endorsements as Lender may require. If Grantor at any time fails to obtain or maintain any insurance as required under this Agreement, Lender may (but shall not be obligated to) obtain such insurance as Lender deems appropriate, including if Lender so chooses “single interest insurance,” which will cover only Xxxxxx’s interest in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseCollateral.

Hazardous Substances. Tenant Mortgagor shall not (either with store, place, locate, generate, create, produce, process, treat, transport, incorporate, discharge, emit, spill, release, deposit, dispose of or without negligence) cause allow to escape any Hazardous Substance in, upon, under, over or permit within or on from the Premises the escapeMortgaged Property, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant and shall not allow the generation, storage or use of permit any Hazardous Substances within the Premises in any manner other than normal quantities Substance to be stored, placed, located, generated, created, produced, processed, treated, transported, incorporated, discharged, emitted, spilled, released, deposited, disposed of cleaning solvents controlled or to escape therein, thereupon, thereunder, thereover or therefrom, except that Mortgagor may locate, store and stored in accordance with the Legal Requirements, unless such use Permitted Hazardous Substances are generatedthereon, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of may allow Permitted Hazardous Substances to be removed, discharged or emitted from the Mortgaged Property and may allow Known Hazardous Substances to remain thereon; provided, however, that Mortgagor shall only be in comply with all Environmental Regulations which are applicable to the ordinary course of Tenant's business Mortgaged Property, including but not limited to those applicable to Known Hazardous Substances and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Permitted Hazardous Substances. Without limitationIf and to the extent required by any governmental body or agency, Mortgagor agrees to promptly and properly remove from the Mortgaged Property any Hazardous Substances Substance found on, in or under the Mortgaged Property, to properly dispose of the same, and to detoxify the Mortgaged Property, at Mortgagor’s sole cost and expense and in compliance with all applicable Environmental Regulations. Mortgagor shall include those described not install or permit to be installed any underground storage tank in or under the Comprehensive Environmental ResponseMortgaged Property. Mortgagor shall comply with all covenants and agreements set forth in that certain Indemnification Agreement, Compensation and Liability Act the terms of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and which are hereby incorporated herein by reference. Any default by Mortgagor under the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof Indemnification Agreement shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additiona default hereunder; provided, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought tohowever, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants Indemnification Agreement shall survive the expiration or earlier termination of this Leasenot be secured hereby.

Hazardous Substances. Although Tenant has reviewed a Phase I Environmental Site Assessment prepared by ATC Associates, Inc. dated January 26, 2011 (the “Entrance Assessment”) with respect to the Premises (and Landlord makes no representation or warranty regarding such report), Landlord shall not (either with or without negligence) cause or permit within or indemnify Tenant for losses incurred by Tenant resulting from the contamination of the Premises of Hazardous Materials to the extent Tenant establishes that the contamination existed on the Premises before the escapedate of this Lease. Neither Tenant nor any of Tenant's Invitees may use, disposal manufacture, store, or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use dispose of any Hazardous Substances Materials anywhere within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored Project, except in accordance with all Applicable Regulations and the Legal RequirementsOperations Plan, unless and only if all claims, liabilities and damages arising from such Hazardous Substances Materials are generatedeither adequately covered (and the Hazardous Materials permitted) by Landlord’s insurance or covered (and the Hazardous Materials permitted) by supplemental insurance or endorsements appropriate to such use reasonably acceptable to Landlord. If the Premises is contaminated by any Hazardous Material following Landlord’s delivery of the Premises to Tenant, stored or if any part of the Project is contaminated by any Hazardous Material used in accordance with the Legal Requirements and approved in advance by Tenant or Tenant’s Invitees, 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. Any use of Hazardous Substances shall only be in the ordinary course of 's reasonable satisfaction and at Tenant's business and in accordance with the highest standards prevailing in the industry for the generationsole cost, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within necessary to return the Premises and if Project to at least as good a condition as they were in as of the date the Premises was delivered to Tenant, 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 reasonably deems necessary or any lender or governmental agency requires testing desirable to ascertain whether or not there has been any release be undertaken, whereupon the entire cost thereof (plus a supervisory fee equal to five percent (5.0%) of Hazardous Substances, then the reasonable costs thereof shall such cost) will be reimbursed payable by Tenant to Landlord upon demand as Additional Rentadditional rent. In additionIf Tenant does not promptly commence and diligently pursue such remediation, then Landlord may perform or cause to be performed such remediation and Tenant shall execute affidavitsimmediately, representations upon demand, pay the cost thereof, plus a supervisory fee in the amount of five percent (5.0%) of such cost. Tenant's obligations and liability under this paragraph shall survive the termination of Tenant's tenancy and the like from time Term of this Lease, except that nothing contained in this paragraph shall be deemed to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, impose liability on Tenant shall indemnify and save Landlord harmless from and against for any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or problem arising after the Term as a result of any Hazardous Substances being generated, used this Lease or disposed later vacation of in or on, or brought to, the Premises by Tenant or its employeesTenant’s Invitees, agents, contractors or invitees, or as provided neither Tenant nor Tenant's Invitees contributed to such problem during the result Term of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant shall not This Exhibit H is attached to and made a part of that certain Lease Agreement (either with or without negligencethe "Lease") cause or permit within or on dated as of , 2006, by and between (the Premises "Landlord"), and SABRE INC., a Delaware corporation (the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous SubstancesTenant"). Tenant All capitalized terms used but not defined herein shall not allow have the generation, storage or use meaning assigned to them in other portions of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or Lease. Except general office supplies typically used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be an office area in the ordinary course of Tenant's business business, such as copier toner, liquid paper, glue, ink, and cleaning solvents, for use in the manner for which they were designed, and in accordance with the highest standards prevailing in the industry such amounts as may be normal for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described office business operations conducted by Tenant in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord in amounts which do not require a permit, neither Tenant nor its agents, employees, contractors, licensees, sublessees, assignees, or concessionaires shall use, handle, store, release, or dispose of any lender Hazardous Substances in, on, under, or governmental agency requires testing about the Premises or the Project in violation of applicable law. Tenant shall not cause or permit any Hazardous Substance to ascertain whether be used, stored, generated, or not there has been disposed of in the Project by Tenant, Tenant's agents, employees, or contractors. If any release Hazardous Substances are used, stored, generated, released, or disposed of Hazardous Substances, then on or in the reasonable costs thereof shall be reimbursed Premises or the Project by Tenant to Landlord upon demand as Additional Rent. In additionor Tenant's agents, employees, or contractors in violation of applicable laws, or if the Premises or Project becomes contaminated in any manner by Tenant, Tenant shall execute affidavitsindemnify, representations defend, and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold harmless Landlord harmless from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damagesattorneys' fees, penalties, fines, costs, liabilities liabilities, or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise losses arising during or after the Term of this Lease and arising as a result of such contamination, release, or discharge. This indemnification includes any and all reasonable and necessary costs incurred because of any investigation of an environmental act of Tenant that requires any cleanup, remediation, removal, or restoration mandated by federal, state, or local agency or political subdivision. Tenant will notify Landlord immediately upon learning that (i) any duty described in this Exhibit H of the Lease has been violated, (ii) there has been a release, discharge, or disposal of any Hazardous Substance on or about the Premises or the Project, or (iii) that the Premises or the Project are subject to any third party claim or action, or threat thereof, because of an environmental condition in or originating from the Premises or arising in connection with the operation of Tenant's business. Upon written notice from Landlord to Tenant, Landlord will have the right to perform the removal and abatement of any Hazardous Substances being generated, used or disposed of in or on, or brought to, from the Premises by Tenant or its employees, agents, contractors or invitees, or as the result Project which arise out of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination Tenant's violation of this exhibit to the Lease, and all costs of abatement or removal of such Hazardous Substances, including environmental consultant fees, will be the obligation of Tenant.

Hazardous Substances. (a) All operations or activities upon, or any use or occupancy of the Property, or any portion thereof, by Tenant, or any agent, contractor, employee or subtenant of Tenant shall not (either at all times during the Term be in all respects in strict compliance with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "and all Legal Requirements and Insurance Requirements relating to Hazardous Substances"), including, but not limited to, the discharge and removal of Hazardous Substances. Tenant shall not allow will keep the generation, storage or use Property free and clear of any all Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such those Hazardous Substances which are generatednecessary for the operation of the Facility (which Hazardous Substances shall be handled, stored or used and disposed of in accordance strict compliance with the Legal Requirements and approved in advance in writing by Landlord. Any use Insurance Requirements) and Tenant shall pay all costs required properly to use, handle and dispose of all Hazardous Substance and shall keep the Property free and clear of any lien relating to Hazardous Substances shall only which may be in imposed pursuant to the ordinary course Legal Requirements and Insurance Requirements. Neither Tenant, nor any agent, contractor, employee or subtenant of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsallow the manufacture, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the storage, voluntary transmission or presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generatedover or upon the Property (except in strict compliance with the Legal Requirements and Insurance Requirements). Landlord shall have the right at any time with notice to Tenant to conduct an environmental audit of the Property and Tenant shall cooperate in the conduct of such environmental audit. Furthermore, used neither Tenant, nor any agent, contractor, employee or disposed any subtenant of Tenant shall install or permit to be installed in or on the Property friable asbestos or any substance containing asbestos or similarly deemed hazardous by Governmental authorities or the Legal Requirements respecting such materials, and with respect to any such materials currently present in the Property, shall promptly either, subject to the terms of the letter agreement of even date herewith between Landlord and Tenant, (x) remove any material which such Legal Requirements deem hazardous and require be removed, at its sole cost and expense, or (y) otherwise comply with the Legal Requirements. Tenant shall promptly notify Landlord in writing of any order, receipt of any notice of violation or noncompliance with any applicable law, rule, regulation, standard or order, any threatened or pending action by any regulatory agency or other governmental authority or any claims made by any third party relating to Hazardous Substances on, emanations on or brought tofrom, the Premises by Tenant releases on or its employees, agents, contractors or inviteesfrom, or as threats of releases on or from any of the result of an abatement, treatment or management required as the result Property and shall promptly furnish Landlord with copies of any actscorrespondence, negligence, repairs notices or alterations made by Tenant legal pleadings in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseconnection therewith.

Hazardous Substances. Tenant In addition to Lessee's obligations pursuant to the terms and provisions of the Lease with respect to Hazardous Substances, Lessee shall not comply with the terms and provisions of this Paragraph 17. Lessee shall, within five (either 5) days after receipt thereof, furnish to Lessor copies of all notices and other communications received by Lessee with respect to any actual or without negligence) cause alleged release or permit within discharge of any hazardous material in or on about the Premises or the escapeProject and shall, disposal whether or not Lessee receives any such notice or communication, notify Lessor in writing of any discharge or release of Hazardous Substances by Lessee or anyone for whom Lessee is responsible in or about the Premises or the Project. In the event that Lessee is required to maintain any biologically- hazardous materials license or chemically-active permit in connection with any use conducted by Lessee or other hazardous any equipment operated by Lessee in the Premises, copies of each such license or toxic substancespermit, materials each renewal thereof and any communication relating to suspension, renewal or wastes revocation thereof shall be furnished to Lessor within five (collectively, "Hazardous Substances")5) days after receipt thereof by Lessee. Tenant Compliance by Lessee with the two immediately preceding sentences shall not allow the generation, storage or use relieve Lessee of any obligation of Lessee pursuant to this Paragraph and/or the other terms and provisions of the Lease. Within 180 days prior to the expiration of this Lease (or within thirty (30) days after any earlier expiration), Lessor may at its election retain a hazardous materials consultant to conduct a survey or audit of the Premises to determine whether or not Hazardous Substances within introduced by Lessee or its agents, employees or contractors are present in or about the Premises in any manner other than normal quantities of cleaning solvents controlled Premises. Lessee shall cooperate fully with Lessor and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be consultant in the ordinary course conduct of Tenant's business any such survey or audit and in accordance with the highest standards prevailing in the industry shall reimburse Lessor, as additional rent, for the generation, storage costs and use fees of such consultant within ten (10) days after receipt of Lessor's invoice therefor if the consultant determines that Lessee has violated the terms of the Lease regarding Hazardous Substances. Without limitation, Hazardous Substances shall include those described in If the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state audit or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding survey discloses the presence of Hazardous Substances introduced by Lessee, Lessee's remediation and indemnity obligations set forth in the PremisesLease shall apply to such Hazardous Substances. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after To the Term actual knowledge of Lessor as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination date of this Lease, no Hazardous Substance is present at the Project or the soil, surface water or groundwater thereof which is in violation of Applicable Laws in existence as of, and as interpreted as of, the date of this Lease. Subject to Section 6.2 and the other provisions of the Lease, Lessor hereby consents to Lessee's use of the Hazardous Substances as described in Exhibit "F" hereto and of normal office and cleaning supplies, in all cases in amounts and otherwise in compliance with Applicable Laws.

Hazardous Substances. Landlord and Tenant shall, promptly upon obtaining actual knowledge of the existence of hazardous substances or materials on the Premises, notify the other party. Unless such hazardous substances or materials were brought onto the Premises by Tenant or persons acting under Tenant, Landlord shall diligently cure any situation in which the existence of such hazardous substances or materials present a danger to Tenant's employees. If Landlord fails to cure such situation within 180 days, Tenant shall have the option to terminate this Lease. Tenant's option to so terminate shall end at such time as the hazardous substances or materials cease to present a danger to Tenant's employees. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- biologically or chemically-chemically active or other hazardous substances or toxic substances, materials or wastes (collectively, "Hazardous Substances")materials. Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises such substances or materials in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored not sanctioned by law or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substancessubstances or materials, nor allow to be brought into the Project any such materials or substances except to use in the ordinary course of Tenant's business, and then only after written notice is given to Landlord of the identity of such substances or materials. Without limitation, Hazardous Substances hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et et. seq., any and applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires shall ever require testing to ascertain whether or not there has been any release of Hazardous Substanceshazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rentadditional charges if such requirement applies to the Premises. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in hazardous substances or materials on the Premises. FurtherIn all events, Tenant shall indemnify and save Landlord harmless in the manner elsewhere provided in this Lease from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after release of hazardous materials on the Term as a result of any Hazardous Substances being generated, used or disposed of Premises occurring while Tenant is in or onpossession, or brought to, the Premises elsewhere if caused by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisespersons acting under Tenant. The within covenants shall survive the expiration or earlier termination of this Leasethe Term.

Hazardous Substances. Tenant shall covenants and agrees that it will not (either with use, keep or without negligence) cause suffer to be kept, or permit within or on the Premises the escapegenerate, disposal store, or release of any biologically- hazardous, toxic, or chemically-active or other hazardous or toxic infectious substances, materials materials, wastes, pollutants or wastes contaminants including but not limited to petroleum products (collectively, "“Hazardous Substances"”) in, upon or about the Premises or any portion of the shopping center in which the Premises are located (“Shopping Center”). Tenant shall not allow promptly remove and clean up any Hazardous Substance brought onto or about the generationPremises or the Shopping Center in violation of this provision. Tenant shall indemnify, storage or use protect, defend and hold harmless Landlord and its employees, directors, officers, shareholders, agents, affiliates, and successors in interest (collectively, the “Landlord Parties”) from and against all claims, damages, liabilities, penalties, judgments, settlements, loss of rents, costs and expenses including reasonable attorneys’ fees and court costs collectively hereinafter referred to as “Claims” incurred by Landlord in connection with any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsused, unless such Hazardous Substances are kept, generated, stored or used in accordance released by Tenant on the Premises or Shopping Center or to correct any violation of this covenant, or to remove, neutralize or render harmless any Hazardous Substance, or to comply with the Legal Requirements and approved in advance in writing by Landlord. Any use requirements of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of regulatory body having jurisdiction over Hazardous Substances, then or to contest the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result actions of any Hazardous Substances being generated, used or disposed of in or on, or brought to, such regulatory body with respect to the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the PremisesShopping Center. The within covenants Tenant’s indemnity obligation hereunder shall survive the expiration or earlier termination of this Lease. If Tenant knows or has reasonable cause to believe that a Hazardous Substance is located, in, on, under or about the Premises, other than as previously consented to by Landlord in writing, Tenant shall immediately give written notice of such fact to Landlord. Tenant shall also immediately give to Landlord a copy of any documents received from any governmental authority regarding the presence of Hazardous Substances in, on, under or about the Premises. Tenant shall, at its sole cost and expense, comply with all applicable laws relating to Hazardous Substances and all directives and orders of governmental agencies relating to Hazardous Substances. Landlord and its lenders shall have the right to enter the Premises at any time upon reasonable notice for the purpose of verifying compliance with applicable laws relating to Hazardous Substances. The cost of such inspection shall be paid for by Landlord, unless contamination caused by Tenant is found to exist in, on, under or about the Shopping Center or a default exists under this Lease.

Hazardous Substances. Landlord warrants that to its actual knowledge, as of the date of this Lease, there are no Hazardous Substances (as defined below) in violation of applicable law currently existing on, in or under the Premises or the Shopping Center and that there are no underground storage tanks under the Premises or the Shopping Center. Tenant shall not (either with or without negligence) cause or permit within or any Hazardous Substances to be placed anywhere on the Shopping Center including into the drains or sewers of the Premises or Shopping Center. Tenant shall not cause or permit any Hazardous Substances to be brought upon, transported through, stored, kept, used, discharged or disposed in or about the escape, disposal Premises or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes the Shopping Center (collectively, "Hazardous Substances"the “Property”). Tenant shall not allow notify Landlord immediately of the generation, storage presence of or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use disposal of Hazardous Substances shall only be in on or near the ordinary course Premises, and of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed notice by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding a party alleging the presence of Hazardous Substances in on or near the Premises. FurtherHowever, Hazardous Substances brought upon, transported, used, kept or stored in or about the Property which are necessary for Tenant to operate its business for the use permitted under this Lease shall with Landlord’s prior written consent, be permitted to be brought upon, transported, used, kept and stored by Tenant but only in the quantities necessary for the usual and customary operation of Tenant’s business and in a manner that complies with: (i) all laws, rules, regulations, ordinances, codes or any other governmental restriction or requirement of all federal, state and local governmental authorities having jurisdiction and regulating the Hazardous Substances; (ii) permits (which Tenant shall obtain prior to bringing the Hazardous Substances in, on or about the Property) issued for the Hazardous Substances; and (iii) all producers’ and manufacturers’ instructions and recommendations, to the extent they are stricter than laws, rules, regulations, ordinances, codes or permits. If Tenant, its affiliates, agents, employees or contractors, in any way breaches the obligations in the preceding sentence; or if the presence of Hazardous Substances on the Property caused by Tenant, its agents, employees or contractors, results in the release or threatened release of Hazardous Substances on, from or under the Property; or if the presence on, from or under the Property of Hazardous Substances otherwise arises out of the operation of Tenant’s business then, without limitation of any other rights or remedies available to Landlord under this Lease or at law or in equity, Tenant shall indemnify indemnify, defend, protect and save hold harmless Landlord harmless and Landlord’s manager, parent, subsidiaries, affiliates, employees, partners, agents, mortgagees and successors to Landlord’s interest in the Premises (collectively “Indemnity”) for, from and against any and all clean-up costsclaims, remedial or restoration work, sums paid in settlement of claims, judgments, damages, clean-up costs, penalties, fines, costs, liabilities liabilities, losses or losses, expenses (including, without limitation, attorneys'’, consultants' ’ and experts' fees, ’ fees and any fees by Landlord to enforce the Indemnity) which arise during or after the Lease Term as a result of any Hazardous Substances being generatedTenant’s breach of the obligations or the release or contamination of the Property by Tenant, used or disposed of in or on, or brought to, the Premises by Tenant or its employeesaffiliates, agents, contractors employees or inviteescontractors, including, without limitation: diminution in value of the Property; damages for the loss of, or as the result restriction on the use of, rentable or usable space or any amenity of an abatementthe Property; damages arising from any adverse impact on the sale or lease of the Property; and damage and diminution in value to the Property or other properties, treatment whether owned by Landlord or management by third parties. This Indemnity includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required as the result by any federal, state or local governmental agency or political subdivision because of any acts, negligence, repairs or alterations made by Tenant Hazardous Substance present in the Premisessoil or groundwater on, under or originating from the Property. The within covenants Without limiting the foregoing, if the presence of Hazardous Substances on the Property caused or permitted by Tenant, its affiliates, agents, employees or contractors, results in the contamination, release or threatened release of Hazardous Substances on, from or under the Property or other properties, Tenant shall promptly take all actions at its sole cost and expense necessary to return the Property and other properties to the condition existing prior to the introduction of the Hazardous Substances; provided that Landlord’s written approval of the actions shall be obtained first (which approval shall not be unreasonably withheld provided the same is in accordance with applicable law) and so long as such actions do not have or would not potentially have any adverse long-term or short-term effect on Landlord or on the Property or other properties. This Indemnity shall survive the expiration or earlier termination Lease Term and shall survive any transfer of this Lease.Landlord’s interest in the Property. “

Hazardous Substances. Tenant Borrower shall not (either with or without negligence) cause or permit within or on the Premises the escapepresence use, disposal use, disposal, storage, or release of any biologically- Hazardous Substances on or chemically-active in the Property. Borrower shall not do, nor allow anyone else to do, anything effecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to Borrower’s normal business uses and to maintenance of the Property. Borrower shall promptly give Xxxxxx written notice of any investigation, claim, demand, lawsuit or other hazardous action by any governmental or toxic substancesregulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Xxxxxxxx learns, materials or wastes (collectivelyis notified by any governmental or regulatory authority, "that any removal or other remediation of any Hazardous Substances")Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Tenant shall Borrower warrants and represents to Lender that the Property is not allow the generationand has never been used to handle, storage treat, store or use dispose of any Hazardous Substances within and that the Premises Property and Borrower are currently in any manner other than normal quantities of cleaning solvents controlled and stored in accordance compliance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlordall applicable Environmental Laws. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing Xxxxxxxx agrees to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold Lender harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, claims, suits, liabilities, costs, liabilities or lossesjudgements and expenses, including, without limitation, including attorneys'’ fees, consultants' ’ fees and experts' feesexpert’s fees of every kind, which arise during arising out of or after the Term as a result resulting from, or relating to any violation of any Environmental Law with respect to any condition that exist on the Property. As used in this Paragraph 23, “Hazardous Substances being generatedSubstances” are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in Paragraph 23, “Environmental Law” means federal laws and lose of the jurisdiction where the Property is located that relate to health, safety or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseenvironmental protection.

Hazardous Substances. Without Landlord's consent, Tenant shall not (either with keep, use, release or without negligence) cause or permit within or on the Premises the escape, disposal or release dispose of any biologically- substances designated as, or chemically-active containing components now or other hazardous hereafter designated as, hazardous, dangerous, toxic or toxic substancesharmful and/or subject to regulation under any federal, materials state or wastes local law, regulation or ordinance (collectively, "Hazardous Substances"). Tenant ) on or about the Premises, the Building or the Property; provided, the foregoing, shall not allow the generation, storage preclude Tenant from keeping and using in or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within about the Premises and if Landlord the Building, office supplies, ordinary cleaning products and the like which are normally found in business offices or any lender in connection with the operation of a roaster or governmental agency requires testing to ascertain whether food service operations, and which contain or not there has been any release of may contain Hazardous Substances, then the reasonable costs thereof shall be reimbursed by 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 Landlord upon demand as Additional Rent. In additiondefend, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold Tenant harmless from and against any and all clean-clean up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, costs and expenses (including, without limitation, attorneys'attorneys fees and costs) and any and all other charges, consultants' and experts' expenses, fees, which arise during fines, penalties (both civil and criminal) and costs relating to any remedial action or after clean up suffered or incurred by Tenant arising out of or related to the Term as a result presence of any asbestos or other Hazardous Substances being generatedin, used on or disposed of in or on, or brought tounder the Premises, the Premises Building or the Property, unless caused by Tenant or Tenant, its employees, agentsagents or contractors. Tenant hereby, contractors agrees to defend, indemnify and hold Landlord harmless from any and all clean up costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs relating to any remedial action or invitees, clean up suffered or as the result incurred by Landlord and caused by Tenant's use of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants Landlord shall survive not allow any tenant or occupant of the expiration Building to use any premises in the Building, for any business in which any toxic, infectious, Hazardous Substances are produced, stored or earlier termination of this Leasedisposed in, on or about the Project except in accordance with all applicable laws.

Hazardous Substances. As used in this Lease, the term "Hazardous Substances" means pollutants, contaminants, toxic or hazardous wastes, hazardous materials or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by an "Environmental Law", which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environment. Tenant shall not hereby agrees that (either with or without negligencei) cause or permit within or no activity will be conducted on the Premises the escape, disposal or release of that will produce any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances, except for such activities that are part of the ordinary course for Tenant's business activities (the "). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored Permitted Activities") provided such Permitted Activities are conducted in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements all Environmental Laws and have been approved in advance in writing by Landlord. Any use ; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (ii) the Premises will not be used in any manner for the storage of any Hazardous Substances shall only be except for the storage of such materials that are used in the ordinary course of Tenant's business ("Permitted Materials") provided such Permitted Materials are properly stored in a manner and in accordance location meeting all Environmental Laws; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii) no portion of the Premises will be used as a landfill or a dump; (iv) Tenant will not install any underground tanks of any type; (v) Tenant will not allow any surface or subsurface conditions to exist or come into existence as a result of Tenant's actions or the conduct of Tenant's business on the Premises that constitute or with the highest standards prevailing passage of time may constitute a public or private nuisance; (vi) Tenant will not permit any Hazardous Substances to be brought in or onto the industry Premises, except for the generationPermitted Materials described below, storage or hereafter approved in writing by Landlord and use of such Hazardous Substances. Without limitationif so brought or found located thereon, Hazardous Substances the same shall include those described in the Comprehensive be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these actsLaws. If Landlord in good faith believes that Tenant uses Hazardous Substances within has violated the Premises and if Landlord or any lender or governmental agency requires testing provisions of this Article 24 relating to ascertain whether or not there has been any release of Hazardous Substances, then Landlord or Landlord's representative shall have the right but not the obligation to enter the Premises upon not less than forty-eight (48) hours' prior written notice to Tenant (which notice shall detail the basis for Landlord's good faith belief that Tenant has violated the provisions of this Article 24) for the purposes of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be ultimately determined that such Permitted Materials are being improperly stored, used, or disposed of, then Tenant shall immediately take such corrective action as soon as reasonably practicable to the extent required by Environmental Laws, and if Tenant fails to do so within ten (10) days after receipt of a second written notice from Landlord notifying Tenant of such failure, then Landlord shall have the right to perform such work and Tenant shall promptly reimburse Landlord for any and all out-of-pocket and commercially reasonable costs thereof shall associated with such work to the extent required by Environmental Laws. If at any time during or after the Lease Term, the Premises are found to be reimbursed so contaminated or subject to such conditions, and such contamination is caused by Tenant to Landlord upon demand as Additional Rent. In additionor the conduct of its business on the Premises, then Tenant shall execute affidavitsdiligently institute proper and thorough cleanup procedures to the extent required by Environmental Laws at Tenant's sole cost. Tenant hereby indemnifies, representations saves and holds Landlord, its property manager and their respective successors and assigns harmless from all and against claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising, including, without limitation, court costs and reasonable attorneys’ fees and expenses, from or as a result of the use of Hazardous Materials in the Premises by Tenant, EVEN IF SUCH CLAIMS, ACTIONS, LIABILITIES, COSTS, EXPENSES, DAMAGES OR OBLIGATIONS RESULT FROM THE NEGLIGENCE (BUT NOT THE NEGLIGENCE OR WILLFUL MISCONDUCT) OF LANDLORD OR ANY LANDLORD RELATED PARTIES. The foregoing indemnification and the like from time responsibilities of Tenant shall survive the termination or expiration of this Lease. PERMITTED MATERIALS: storage in the Premises of customary office and cleaning supplies in reasonable quantities used by Tenant in the ordinary course of operating and cleaning its office space. Landlord hereby represents that, to time at Landlord's request concerning Tenant's best current actual knowledge and belief regarding the presence of there are no Hazardous Substances Materials, nor any mold or asbestos-containing materials, present in the PremisesPremises and/or the Building’s common areas in violation of applicable Environmental Laws as of the date hereof. FurtherAdditionally, Landlord shall, at no cost to Tenant shall indemnify (and save excluded from Operating Expenses), remove or remediate to the extent required by Environmental Laws any Hazardous Materials introduced to the Building by Landlord after the date of this Lease in violation of applicable Environmental Laws. Landlord indemnifies Tenant for, from and against any breach by Landlord of the representations, warranties and obligations stated in this grammatical paragraph, and agrees to defend and hold Tenant harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses, including, without limitation, attorneys', consultants' and experts' fees, losses which arise during or after the Lease Term as a result of such breach. Tenant shall not be responsible for and the indemnification and hold harmless obligations set forth in this Article 24 above shall not include any costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision pursuant to any Environmental Law because of Hazardous Substances being generated, used Material present in the soil or disposed of in ground water on or under the Premises and/or Building arising from conditions existing on, under or brought toabout the Premises, the Premises by Tenant or its employees, agents, contractors or inviteesBuilding, or as adjacent property on or before the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseCommencement Date.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substances (as defined below) to be used, stored, generated or disposed of on or in the Leased Premises by Tenant, its agents, employees, contractors or invitees in violation of applicable law. The term “Hazardous Substance” means any substance that is toxic, ignitable, reactive or corrosive, the use or disposal of which is restricted, regulated or penalized by any federal, state or local statute, ordinance, regulation or other law of a governmental or quasi-governmental authority relating to pollution or protection of the environment or the regulation or storage of such materials. The term “Hazardous Substance” includes any and all materials or substances that are defined as: “hazardous waste”, “extremely hazardous waste” or a “hazardous substance” pursuant to state, federal or local governmental law. The term “Hazardous Substance” includes but is not limited to asbestos, polychlorobiphenyls (“PCBs”) and petroleum. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substances on the Premises Leased Premises, the escapeProperty or the Project which results in contamination, disposal Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Leased Premises, the Property or release the Project to the condition existing prior to the presence of any biologically- such Hazardous Substances on the Leased Premises, the Property or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")the Project. Tenant shall not allow first obtain Landlord’s written approval for any remedial action. The provisions of this Section 4.19 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the generationtransactions contemplated herein and shall survive the termination of this Lease. Landlord warrants to Tenant that there are no Hazardous Substances on the Property or in the Leased Premises as of the Effective Date. Landlord shall be responsible for the removal of, and shall indemnify, hold harmless and defend Tenant from and against any claims, suits, losses, damages and expenses resulting from the presence of, any Hazardous Substances on the Property or in the Building or the Leased Premises prior to the Effective Date of this Lease or that are hereafter brought into the Building or the Leased Premises or onto the Property by Landlord (or its Affiliates or their respective agents or contractors). Notwithstanding the foregoing, Tenant may maintain (i) cleaning, printing, lubricating and similar fluids, solvents and materials normally and commonly used in general office and similar situations, and (ii) pharmacological and other substances and materials, including sharps, permitted or produced in connection with the conduct of clinical trials approved by the U.S. Food and Drug Administration, as are necessary for Tenant’s Permitted Use of the Leased Premises; provided that any such use of Hazardous Substances is conducted in accordance with applicable federal, state and local laws, ordinances and regulations, Tenant maintains all such materials in proper containers designed to avoid leakage or contamination, and Tenant obtains and maintains all governmental permits and approvals that may be required for the possession, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seqsame., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. A. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Premises the escapeComplex by Tenant, disposal Tenant’s agents, employees, contractors or release invitees in violation of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes Environmental Laws (collectively, "Hazardous Substances"as hereinafter defined). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such If Hazardous Substances are used, stored, generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used contained or disposed of on or in or onthe Complex by Tenant, or brought toTenant’s agents, the Premises by Tenant or its employees, agents, contractors or invitees, or if the Complex becomes contaminated in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as the a result of an abatementsuch use, treatment storage, generation, disposal or management required as the result contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any actsinvestigation of the site or any cleanup, negligenceremoval or restoration mandated by a federal, repairs state or alterations made local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant in the Premisesof a Hazardous Substance under Environmental Laws. The within covenants indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this LeaseLease Agreement.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectivelya. Definition: As used herein, "Hazardous SubstancesSubstance" means ---------- any substance that is toxic, ignitable, reactive, or corrosive and is regulated by any local government, the State of Virginia, or the United States of America. "Hazardous Substance" includes any and all material or substances that are defined as "hazardous substance" pursuant to state, federal, or local governmental law. "Hazardous Substance" includes but is not restricted to asbestos, polychlorobiphenyls ("PCBs"), and petroleum. Tenant b LANDLORD'S Covenants and Indemnification: LANDLORD ---------------------------------------- covenants that the leased premises shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use be free of Hazardous Substances shall only be as of the commencement date of the term of this lease. LANDLORD agrees to indemnify and hold TENANT harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, consultant, and expert fees) arising during or after the lease term from or in the ordinary course of Tenant's business and in accordance connection with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state presence or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the suspected presence of Hazardous Substances in or on the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after leased premises unless the Term Hazardous Substances are present solely as a result of TENANT'S breach of the provisions of subparagraph c of this paragraph. Without limitation of the foregoing, this indemnification shall include any and all costs incurred due to any investigation of the leased premises or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision unless the Hazardous Substances being generatedare present solely as a result of TENANT'S breach of the provisions of subparagraph c of this paragraph. This indemnification shall specifically include any and all costs due to Hazardous Substances that flow, used or disposed of in or ondiffuse, migrate, or brought topercolate into, the Premises by Tenant or its employees, agents, contractors or inviteesonto, or as under the result of an abatement, treatment or management required as leased premises after the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination term of this Leaselease commences.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escapeSubtenant may store, disposal or release of any biologically- or chemically-active or other hazardous or toxic substancesuse, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any handle and generate Hazardous Substances within at the Subleased Premises in any manner other than normal connection with the Permitted Uses in commercial quantities of cleaning solvents controlled and stored normally associated therewith, in accordance with Subtenant’s practices immediately prior to the Legal RequirementsEffective Date, unless such and in compliance with Applicable Laws. During the Term, Subtenant shall be responsible for disposing of all Hazardous Substances are generated, stored or used in accordance with generated by Subtenant’s operations at the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Subleased Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, (including, without limitation, the operations of its employees, Affiliates, contractors, subtenants and licensees operations at the Subleased Premises), at Subtenant’s expense. Subtenant shall comply with all Applicable Laws in connection with Subtenant’s storage, use, handling and generation of Hazardous Substances at the Subleased Premises. Upon the expiration or earlier termination of this Sublease or Subtenant’s right to possession of the Subleased Premises, Subtenant shall remove all Hazardous Substances being kept on the Subleased Premises by Subtenant, its employees, Affiliates, contractors, subtenants and licensees, in accordance with Applicable Laws. Subtenant shall indemnify, defend and hold harmless Sublandlord and Landlord from and against all third-party claims and associated lawsuits, governmental actions, obligations, liabilities, costs and expenses (including, but not limited to, court costs, reasonable attorneys'’ fees and remediation costs) caused by Subtenant’s or any of its employees, consultants' and experts' feesagents, which arise during subtenants, contractors, representatives, guests or after the Term as a result invitees use, generation, handling, storage, or release of any Hazardous Substances being generated, used or disposed of in or on, under or brought toabout the Subleased Premises or the Project during the Term in violation of Applicable Laws (any such release being referred to as “Subtenant Contamination”); provided, the Premises Subtenant Contamination shall not include any such release caused by Tenant Sublandlord or its any of Sublandlord’s employees, agents, contractors or inviteesrepresentatives. Subtenant’s indemnification obligations in this section shall include the obligation to defend Sublandlord and Landlord, or as the result with counsel reasonably satisfactory to each of an abatementthem, treatment or management required as the result of in any actsproceedings, negligence, repairs or alterations made by Tenant in the Premisesall at Subtenant’s expense. The within covenants Subtenant’s indemnification obligations under this section shall survive the expiration or earlier termination of this LeaseSublease and shall not be limited by any provisions of this Sublease limiting Subtenant’s liability hereunder. In the event of any Subtenant Contamination, Subtenant shall investigate, monitor, clean-up, remove, axxxx and remediate the Subtenant Contamination to the extent required to comply with Applicable Laws, including, without limitation, any requirements of a governmental authority imposed in accordance with Applicable Laws, and in a manner that does not materially interfere with Sublandlord’s or any of its other subtenants or licensees use of the Project. Sublandlord shall not use, store, generate, release or discharge any Hazardous Substances on the Subleased Premises or Common Areas in violation of Applicable Laws. Sublandlord shall indemnify, defend and hold harmless Subtenant from and against all third-party claims and associated lawsuits, governmental actions, obligations, liabilities, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and remediation costs) caused by Sublandlord’s or any of its employee’s, Affiliate’s, contractor’s, representative’s or licensee’s release of any Hazardous Substances on, under or about the Subleased Premises or Common Areas during the Term in violation of Applicable Laws (any such release being referred to as “Sublandlord Contamination”). Sublandlord’s indemnification obligations in this section shall include the obligation to defend Subtenant, with counsel reasonably satisfactory to Subtenant, in any proceedings, all at Sublandlord’s expense. Sublandlord’s indemnification obligations under this section shall survive the expiration or earlier termination of this Sublease and shall not be limited by any provisions of this Sublease limiting Sublandlord’s liability hereunder. In the event of Sublandlord Contamination, Sublandlord shall investigate, monitor and clean-up, remove, axxxx and remediate such Sublandlord Contamination to the extent validly required by any governmental authority under Applicable Law, and in a manner that does not materially interfere with Subtenant’s use of the Subleased Premises.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous SubstancesHAZARDOUS SUBSTANCES"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner unless in accordance with the Legal Requirements and approved in advance in writing by Landlord, other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seqET SEQ., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency ever requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' expert fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant shall not (either with cause, permit or without negligence) cause allow any Hazardous Substance to be generated, emitted, discharged, released or permit within disposed of, on, in or on from the Premises the escapeLeased premises by Tenant, disposal Tenant's agents, employees, contractors, invitees or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")those holding under Tenant. Tenant shall not allow comply with all Environmental Laws governing or relating to the generation, storage transportation, use, storage, emission, discharge, release, threatened release or disposal of Hazardous Substances with respect to the use and occupancy of the Leased Premises or the condition thereof. Without limitation of the foregoing, if Tenant causes, permits or allows the emission, discharge, release, threatened release or disposal of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal RequirementsSubstance from, unless such Hazardous Substances are generated, stored on or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course Leased Premises (hereinafter called the "Contamination") in violation of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive any Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionLaws, Tenant shall execute affidavitspromptly, representations at its sole cost and expense, take any and all actions necessary to remediate and/or remove Contamination and to comply with the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the PremisesEnvironmental Laws. Further, Tenant shall defend, indemnify and save hold Landlord harmless from and against any and all clean-up costsclaims, damages, remedial or restoration workremoval actions or obligations, claimsfines, judgments, damagesliens, penalties, finescosts, costsexpenses, diminished property value, lost or diminished rental revenue, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result losses of any kind asserted against, or suffered or incurred by, Tenant and/or Landlord resulting directly or indirectly from the presence, generation, transportation, use, storage, emission, discharge, release, threatened release or disposal of Hazardous Substances being generatedon, used or disposed of in or onfrom the Leased Premises, provided, however, that Tenant's indemnity hereunder shall not extend to Contamination existing on the Leased Premises prior to the date of this Lease and for Contamination of the Leased Premises directly attributable to or brought to, Contamination caused by Landlord or any unrelated third party without the Premises by consent or knowledge of Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesunder Tenant's control. The within covenants provisions of the foregoing sentence shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant Tenant, its servants, agents or employees, shall not (either with treat, store, or without negligence) cause dispose of any hazardous, special, or permit within or medical wastes on the Premises except in compliance in all material respects with applicable local, state or federal laws or regulations relating to protection of the escapeenvironment or pollution (the “Environmental Laws”). For the purposes of this Lease, disposal or release of any biologically- or chemically-active or other hazardous or toxic substancesthe term “store” shall be defined in the same manner as that used in the Resource Conservation and Recovery Act, materials or wastes (collectively, "Hazardous Substances")as amended and the applicable regulations under that act. Tenant shall not allow the generation, storage or use promptly notify Landlord of any Hazardous Substances within notice, claim, report of violation, or other matter of similar import received by Tenant from the Premises in U.S. EPA, the Florida Department of Environmental Protection, or any manner other than normal quantities governmental body having jurisdiction, which relates to or arises from any actual or alleged pollution, spill, discharge or other release of cleaning solvents controlled hazardous materials on the Premises. Tenant shall indemnify Landlord and stored in accordance with the Legal Requirementsits successors and assigns against and hold them harmless from any liabilities, unless such Hazardous Substances are generatedclaims, stored demands, and out-of-pocket costs, response costs, and expenses (including reasonable attorney’s fees, site remedial investigation or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generationfeasibility studies, storage and use of such Hazardous Substances. Without limitationsite clean-up, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within defense costs) which relate to the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed arise by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result reason of any Hazardous Substances being generated, used act or disposed omission of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or inviteescontractors, vendors, or as customers in breach of Tenant’s obligations under this Section, or by reason of the result breach of an abatementTenant’s obligations under any Environmental Law. Landlord shall indemnify Tenant and its successors and assigns and hold them harmless from any liabilities, treatment claims, demands, and out-of-pocket costs, response costs, and expenses (including reasonable attorney’s fees, site remedial investigation or management required as feasibility studies, site clean-up, or defense costs) to the result extent they relate to the Premises and arise by reason other than a breach of Tenant’s obligations under this Section or any actsEnvironmental Law, negligenceincluding with respect to any hazardous materials existing on, repairs under, in or alterations made by Tenant in about the Premises. The within covenants shall survive Premises on or before the expiration or earlier termination of this LeaseEffective Date.

Hazardous Substances. Without limiting the generality of any other provision of this Lease, Tenant shall not (either with or without negligence) cause or permit within any "Hazardous Substance Law" (as defined below) to be violated or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")" (as defined below) that are not customarily used in Tenant's business to be used, stored, generated on, transported over or disposed of on or in the Demised Premises. Tenant shall not allow If (i) Hazardous Substances are used, stored, generated on, transported over or disposed of on or in the generationDemised Premises, storage or use of if (ii) any Hazardous Substances within Substance Law is violated on or about the Demised Premises, or if (iii) the Demised Premises become contaminated in any manner, or if (iv) any other part of the Building or the surrounding properties become contaminated in any manner other than normal quantities as a result of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored any willful or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use negligent act of Hazardous Substances shall only be in the ordinary course of Tenant or Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Furtheremployees, Tenant shall indemnify and save hold harmless Landlord harmless from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damages, penalties, fines, costs, liabilities or losses, costs (including, without limitation, attorneys'legal costs, consultants' and experts' attorney's fees, which arise costs of investigation, costs of mitigation and costs of remediation), liabilities or losses (including, without limitation, the decrease in the value of the Demised Premises and other property owned by Landlord, damages caused by loss or restriction of rentable or useable space or other damages caused by adverse impact on marketing of the space and other spaces and property owned by Landlord, and any and all sums paid for settlement of claims and attorneys fees) arising during the term of the Lease or after the Term as a result Lease terminates. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any clean up removal or restoration mandated by any Hazardous Substances being generatedSubstance Law or by any federal, used state or disposed of in local agencies or onpolitical subdivision or deemed desirable by Landlord. Without limiting the foregoing, if Tenant desires or brought tois obligated to conduct any testing, the Premises by analysis, investigation, removal, remediation or mitigation with respect to any Hazardous Substance or suspected Hazardous Substance, Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of shall first obtain Landlord's written approval for any acts, negligence, repairs or alterations made by Tenant in the Premisessuch action. The within covenants shall survive the expiration or earlier termination For purposes of this Lease, "Hazardous Substance" means any chemical, compound or material which is deemed a hazardous substance, hazardous waste, hazardous material, infectious waste or toxic substance, or any combination or formulation of substances defined, listed or classified by reasons of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive carcinogenicity, extraction procedure toxicity, toxicity characteristic, leaching procedure toxicity, petroleum, including crude oil and any fractions thereof; "hazardous waste," "restricted hazardous waste," and "waste" with the above stated properties, as defined in applicable Washington law and any other chemical material or substance that because of its quantity, concentration, physical or chemical characteristics exposure to which is limited or regulated for health, safety, and environmental reasons by any governmental authority with jurisdiction, or which poses significant present or potential hazard to human health and safety or to the environment if released to the work place or environment. For purposes of this Lease, "Hazardous Substance Law" means any federal, state or local statute, regulation, rule, ordinance or common law principle concerning the presence, possession, handling, storage, treatment, transportation, disposal or cleanup of, or liability for, a Hazardous Substance, as currently in effect and as hereafter enacted or modified, as well as common law principles of tort and strict liability.

Hazardous Substances. Tenant 13.1. Subtenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow " (as hereinafter defined) to be used, stored, generated or disposed of in, on or about the generationSublease Premises by Subtenant, storage its agents, employees, contractors or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsinvitees, unless except for such Hazardous Substances as are generatednormally utilized in the activities which are permitted on the Sublease Premises pursuant to the Master Lease and this Sublease and which are necessary to Subtenant's business. Any such Hazardous Substances permitted on the Sublease Premises as hereinabove provided, and all containers therefor, shall be used, kept, stored and disposed of in a manner that complies with all federal, state and local laws or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of regulations applicable to any such Hazardous Substances. Without limitationSubtenant shall defend, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold harmless Sublandlord from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damages, penalties, fines, costs, expenses or liabilities or losses, (including, without limitation, any and all sums paid for settlement of claims, attorneys', consultants' and experts' fees, which arise consultant and expert fees) arising during or after the Term as a result Sublease term from or in connection with the use, storage, generation or disposal of any Hazardous Substances being generatedin, used on or disposed of in or on, or brought to, about the Sublease Premises by Tenant or its Subtenant, Subtenant's agents, employees, agents, contractors or invitees. As used herein, "Hazardous Substances" means any substance with 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 the result of an abatement"hazardous waste", treatment "extremely hazardous waste" or management required as the result of any actsa "hazardous substance" pursuant to state, negligencefederal or local governmental law. "Hazardous Substances" includes but is not restricted to asbestos, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leasepolychlorinated biphenyls ("PCBs") and petroleum products.

Hazardous Substances. Tenant shall not not, without Lessor’s prior written consent, keep or allow on or about the Premises or Common Areas, or allow any substances designated by law or regulation as hazardous, dangerous, toxic or harmful (either collectively referred to as Hazardous Substances), and which are subject to regulation by federal, state, or local laws or regulations. With respect to such Hazardous Substances Tenant shall comply promptly and completely with all governmental rules, requirements and regulations, and Lessor or without negligence) cause or permit within or Lessor’s agent may come on the Premises the escapeto check Tenant’s compliance with all governmental rules, disposal or release requirements and regulations. All costs and attorneys fees incurred by Lessor in connection with Lxxxxx’s inspection of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by due and payable to Lessor upon demand. Should Tenant fail to Landlord upon demand as Additional Rent. In additioncomply with this paragraph 33, Tenant Lessor shall execute affidavits, representations have all of the rights and the like from time remedies set forth in this lease and tenant shall; (a) be liable to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and Lessor for all clean-up costs, remedial and all losses or restoration workdamages suffered by Lessor, claimstogether with any and all fees, judgmentspenalties (civil and criminal) imposed by any governmental authority because of Hazardous Substances in or about the Premises or Common Areas: (b) indemnify, damages, penalties, fines, defend and save Lessor harmless from any and afi costs, liabilities fees. penalties and charges assessed or losses, including, without limitation, attorneys', consultants' imposed upon Lxxxxx (as well as lessor’s attorney’s fees and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or costs) as the result of an abatementTenant allowing or permitting Hazardous Substances in or about the Premises or Common Areas. Tenant acknowledges that the Premises may contain asbestos or other hazardous materials, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in and Txxxxx accepts the Premises, notwithstanding such materials. The within covenants If Lessor is required by any statute, regulation, order, decree, judgment or other law to take any action to remove or axxxx the hazardous materials, or if Lessor deems it necessary to conduct special maintenance or testing procedures with regard to the hazardous materials, Lessor may take such action or conduct such procedures at times in a manner that Lessor deems appropriate under the circumstances, and Tenant shall survive permit the expiration or earlier termination of same. Tenant shall have no liability for hazardous substances on the Premises predating this Leaseease.

Hazardous Substances. Tenant shall not use, produce, store, release, dispose or handle in or about the Leased Premises or transfer to or from the Leased Premises (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes party to do such acts) any Hazardous Substance (collectively, "Hazardous Substances"as defined herein) except in compliance with all applicable Environmental Laws (as defined herein). Tenant shall not allow the generation, storage construct or use any improvements, fixtures or equipment or engage in any act on or about the Leased Premises that would require the procurement of any license or permit pursuant to any Environmental Law. Tenant shall immediately notify Landlord of (i) the existence of any Hazardous Substances within Substance on or about the Leased Premises that may be in violation of any manner other than normal quantities Environmental Law (regardless of cleaning solvents controlled and stored in accordance with whether Tenant is responsible for the Legal Requirements, unless existence of such Hazardous Substances Substance), (ii) any proceeding or investigation by any governmental authority regarding the presence of any Hazardous Substance on the Leased Premises or the migration thereof to or from any other property, (iii) all claims made or threatened by any third party against Tenant relating to any loss or injury resulting from any Hazardous Substance, or (iv) Tenant’s notification of the National Response Center of any release of a reportable quantity of a Hazardous Substance in or about the Leased Premises. “Environmental Law(s)” shall mean any federal, state or local statute, ordinance, rule, regulation or guideline pertaining to health, industrial hygiene, or the environment, including without limitation, the federal Comprehensive Environmental Response, Compensation, and Liability Act. “Hazardous Substance(s)” shall mean all substances, materials and wastes that are generatedor become regulated, stored or classified as hazardous or toxic, under any Environmental Law. If it is determined that any Hazardous Substance that is not legally used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's ’s business and in accordance with exists on the highest standards prevailing in the industry for the generation, storage and use Leased Premises resulting from any act of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors contractors, licensees, subtenants or inviteescustomers, or as then Tenant shall immediately take necessary action to cause the result removal of an abatementsuch substance and shall remove such within ten (10) days after discovery. Notwithstanding the above, treatment or management required as if the result of any acts, negligence, repairs or alterations made by Tenant Hazardous Substance that is not legally used in the Premisesordinary course of Tenant’s business is of a nature that cannot be reasonably removed within ten (10) days Tenant shall not be in default if Tenant has commenced to cause such removal and proceeds diligently thereafter to complete removal, except that in all cases, any Hazardous Substance must be removed within sixty (60) days after discovery thereof. The within covenants shall survive Furthermore, notwithstanding the expiration above, if in the good faith judgment of Landlord, the existence of such Hazardous Substance creates an emergency or earlier termination is of this Leasea nature which may result in immediate physical danger to persons at the property or the Building, Landlord may enter upon the Leased Premises and remove such Hazardous Substances and charge the cost thereof to Tenant as Additional Rent.

Hazardous Substances. Tenant shall not (either with bring, generate, store, use, install, dispose of, spill, release, emit or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of discharge any Hazardous Substances within on, in or from the Premises in Premises, nor suffer, permit or allow any manner other than normal quantities Party for which Tenant Is Responsible to do so, except only for Permitted Incidental Hazardous Substances which are reasonably necessary for the conduct of cleaning solvents controlled and stored Tenant's business in accordance with the Legal RequirementsPermitted Uses and then only in the amounts reasonably required in such connection. Tenant shall bring, unless generate, store, use and dispose of any such Permitted Incidental Hazardous Substances are generatedin strict compliance with all Environmental Laws, stored or used in accordance with manufacturers' directions and industry standards. In the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If event that Tenant uses Hazardous Substances within the Premises and if Landlord or any lender Parties for Which Tenant Is Responsible should spill, release, emit, discharge or governmental agency requires testing to ascertain whether or not there has been dispose of any release of Hazardous Substances, then permitted or otherwise, on, in or from the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionPremises, Tenant shall execute affidavits(a) immediately notify Landlord thereof and (b) promptly contain, representations remediate, remove and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances clean up such substances in the Premisesstrict compliance with all Environmental Laws. Further, Tenant shall indemnify indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and save hold Landlord harmless from and against against, any and all clean-up costsliabilities, remedial or restoration worklosses, claims, judgmentsdamages, damagesinterest, penalties, fines, costsattorneys' fees, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, court costs, remediation costs, and other expenses which arise during result from any the use, storage, handling, treatment, transportation, release or after the Term as a result disposal of any Hazardous Substances being generated, used or disposed of in or on, or brought to, about the Premises by Tenant or its employees, Tenant's agents, contractors employees or inviteescontractors, or as well as any violation of the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made Environmental Laws by Tenant in the Premisesor it's agents, employees or contractors. The within covenants Tenant shall survive the expiration or earlier termination promptly give written notice to Landlord of this Lease.(i) any communication

Hazardous Substances. Tenant Lessee shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow , as defined below, to be brought upon, kept or used in or about the generationpremises, storage the building, or use the land by Lessee, its agents, employees, contractors of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsinvitees, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenantnecessary for Lessee's business (and such business is a permitted use) and will be used, kept, and stored in accordance a manner that complies with the highest standards prevailing in the industry for the generationthis Lease and all laws regulating any such Hazardous Substances, storage provided that Lessee indemnifies Lessor from and use of against any and all liability with respect to such Hazardous Substances. Without limitationIf Lessee breaches the covenants and obligations set forth herein or, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances on, in or about the Premises. Furtherpremises or any part of the building or land caused or permitted by Lessee, Tenant its agents, employees, contractors or invitees, resulting in contamination of the premises or any part of the building or land by Hazardous Substances otherwise occurs for which Lessee is legally liable to Lessor, then Lessee shall indemnify and save Landlord hold Lessor harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, and losses (including, without limitation, diminution in the value of the premises, the building or land, damages for the loss or restriction on the use of rentable or useable space or any part of the building or land, and sums paid in settlement of claims, reasonable attorneys', consultants' and experts' fees, consultant fees and expert fees which arise during or after the Term lease term as a result of such contamination. This indemnification by Lessee of Lessor includes without limitation any and all reasonable and actual costs incurred in connection with any investigation of site conditions and any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision because of the presence of such Hazardous Substances being generated, used or disposed of in or onin, or brought toabout the premises, the Premises by Tenant building or its employees, agents, contractors land or invitees, the soil or as ground water on or under the result building or the surface of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesland. The within covenants provisions of this section shall survive the expiration or earlier termination of this Lease. For purposes of this section, the term "Hazardous Substances" shall be interpreted to include substances designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq., the Federal Water Pollution Control act, 33 U.S.C. 1257, et seq., the Clean Air Act, 42 U.S.C. 2001, et seq., or the Comprehensive Environmental Response Compensation and Liability Act or 1980, 42 U.S.C. 9601, et seq.

Hazardous Substances. (a) Tenant shall not (either with or without negligence) cause or permit within or on will keep the Premises the escape, disposal or release Facilities free and clear of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any all Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such those Hazardous Substances which are generatedrequired for the operation of the Facilities (which Hazardous Substances shall be handled, stored or used and disposed of in accordance material compliance with the Legal Requirements and approved in advance in writing by Landlord. Any use Insurance Requirements) and Tenant shall pay all costs required to properly use, handle and dispose of all Hazardous Substances shall only be in introduced by Tenant or its Agents (as defined below) or otherwise first arising on the ordinary course Property after the Commencement Date as and when due and Tenant will keep the Property free and clear of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, any lien relating to Hazardous Substances shall include those described in first arising on the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or Property after the Term Commencement Date which may be imposed pursuant to the Legal Requirements and imposed as a result of the presence of such Hazardous Substance at the Facilities. For the purposes of this Article, the term “Property” shall also include, in addition to the items specified in Section 2.1, all air, soil, groundwater, surface water or soils vapor at, on, about, under or within any portion of the Land. All operations or activities upon, or any use or occupancy of the Property, or any portion thereof, by Tenant, or any agent, contractor or employee, or subtenant of Tenant (any of the foregoing being defined herein as Tenant’s “Agent”) shall at all times during the Term be in all respects in material compliance with any and all Legal Requirements relating to Hazardous Substances, including, but not limited to, the discharge and removal of Hazardous Substances. Tenant will not, nor will Tenant permit, any agent, contractor or employee of subtenant of Tenant, to allow the manufacture, storage, voluntary transmission or presence of any Hazardous Substances being generatedover or upon the Property or any portion thereof (except in material compliance with the Legal Requirements). Landlord shall have the right at any time to conduct, used at its cost, an environmental audit of the Property or disposed any portion thereof and Tenant shall cooperate in the conduct of such environmental audit, provided that any such audit shall not disturb or interfere with the residents at, or the operation of, the Facilities. Tenant shall promptly notify Landlord in writing of any order, receipt of any notice of violation or noncompliance with any applicable law, rule, regulation, standard or order, any threatened or pending action by any regulatory agency or other governmental authority, or any claims made by any third party, in each case relating to Hazardous Substances on, emanations of Hazardous Substances on or brought tofrom, the Premises by Tenant releases of Hazardous Substances on or its employees, agents, contractors or inviteesfrom, or as threats of releases on or from any of the result of an abatementProperty; and shall promptly furnish the Landlord, treatment or management required as the result following written request by Landlord, with copies of any actscorrespondence, negligencenotices, repairs or alterations made by Tenant legal pleadings in connection therewith. Landlord shall have the Premises. The within covenants right, but shall survive not be obligated, to notify any governmental authority of any state of facts which may come to its attention with respect to Hazardous Substances on, released from or emanating from any part of the expiration Property which Landlord reasonably believes may cause harm to any persons or earlier termination of this Leaseproperty.

Hazardous Substances. Tenant shall not Lessee agrees to comply, at Lessee's expense, with all laws and regulations (either with or without negligenceFederal, State and Local) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, relating to Lessee's storage or use of hazardous substances, materials, waste and toxic substances (as such are described, defined and identified in the laws and regulations regarding such substances now or in force during any Hazardous Substances within portion of the Premises Lease Term). "Compliance" includes obtaining and maintaining all required permits from the appropriate authorities. Upon termination of this Lease, Lessee agrees, at Lessee's expense, to remove and, if necessary, transport all such material from the Premises, conforming in such removal to the requirements of the applicable laws and regulations. Lessee shall not take any manner other than normal quantities remedial action (including consent decrees, settlement agreements or compromises) without giving reasonable written notice to Lessor to afford Lessor the opportunity to protect Lessor's interest. Lessee shall give Lessor prompt written notice of cleaning solvents controlled any enforcement activity (threatened or otherwise) by and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored enforcement agency; any claim for damages made against Lessee and any report to any environmental agency regarding Lessee's activities or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substancesthese substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall Lessee will indemnify and save Landlord harmless from and against any and all clean-up costsdefend (by counsel reasonably acceptable to Lessor) Lessor, remedial or restoration workLessor's partners, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, attorneys' and successors and assigns, and to hold them free and harmless from all claims for damages, penalties and forfeitures for Lessee's violation, or alleged, violation of any such law or regulation. Indemnification shall include the cost of any required or necessary repair, cleanup, removal, detoxification or decontamination of the Premises to completion. The acts of omissions of Lessee's agent, employees, assignees, contractors or inviteessubcontractors (of Lessee or others), whether negligent, intentional or as the result of an abatementunlawful, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesshall be strictly attributable to Lessee. The within covenants provisions of this Paragraph shall survive the expiration or earlier termination of this Lease. Lessor shall have the right to require Lessee to provide reasonable security for the performance of Lessee's obligations under this Paragraph.

Hazardous Substances. Tenant Landlord shall not take such action as is necessary to enforce the requirements contained in any leases or occupancy agreements with other tenants or occupants in the Shopping Center regarding the handling, transportation, storage, treatment, use or disposition of Hazardous Substances by such other tenants or occupants. If a Hazardous Substance is found to exist in, on, under or emanating from the Shopping Center, Landlord shall, at its sole expense, (either a) promptly comply with or without negligenceany reporting requirements of all applicable Laws and Rules, and (b) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use remove and dispose of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with applicable Laws and Rules. Landlord shall, at its sole expense, seal any unused xxxxx located at the Legal Requirements, unless such Hazardous Substances are generated, stored or used Shopping Center in accordance with all applicable Laws and Rules. All of the Legal Requirements and approved in advance in writing foregoing must be completed by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and contractors licensed in accordance with applicable Laws and Rules and must be completed to the highest standards prevailing in the industry for the generationsatisfaction of Tenant. If Landlord fails to meet its obligations under this subsection, storage Tenant may, after notice to Landlord and use of reasonable opportunity to cure, take remedial action with respect to such Hazardous Substances, and Landlord shall reimburse Tenant for the cost of such remedial action within 30 days after demand and proof of Tenant payment. Without limitationIt is the intent of the parties hereto that, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been except for liability caused by any release of Hazardous SubstancesSubstances by Tenant, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or inviteesemployees, for which Tenant shall have the responsibility to xxxxx and clean up, Tenant shall have no liability for damage or injury caused by, for abatement or clean up of, or as otherwise with respect to, Hazardous Substances, except that Tenant shall be liable for any release of Hazardous Substances which have been caused by Tenant, its agents, contractors or employees. If a Hazardous Substance is found to exist in, on, under or emanating from the result Building which has been caused by Tenant, its agents, contractors or employees, Tenant shall, at its sole expense, (a) promptly notify Landlord and cooperate with Landlord in complying with any reporting requirements of an abatementall applicable Laws and Rules and (b) remove and dispose of the Hazardous Substance in accordance with applicable Laws and Rules. All of the foregoing must be completed by contractors licensed in accordance with applicable Laws and Rules and must be completed to the reasonable satisfaction of Landlord. If Tenant fails to meet its obligations under this subsection, treatment Landlord may, after notice to Tenant and reasonable opportunity to cure, take remedial action with respect to such Hazardous Substances, and Tenant shall reimburse Landlord for the cost of such remedial action within thirty (30) days after demand and proof of Landlord payment. Under no circumstances shall any amounts paid or management required as incurred by Landlord pursuant to this subsection and/or for the result removal or cleanup of any acts, negligence, repairs or alterations made by Tenant Hazardous Substance be included in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseCAM Charges.

Hazardous Substances. Except as provided below, Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substances to be brought upon, produced, stored, used, discharged or on disposed of in or near the Premises the escape, disposal Project unless Landlord has consented to such storage or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, use in its sole discretion. "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall " include those hazardous substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any other applicable federal, state or local laws law, and the regulations adopted under these actslaws. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires shall require testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of for Hazardous Substances in the Premises. Further, Tenant shall pay all reasonable costs for such testing. Tenant agrees to indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgmentsdemands, damagesactions, penalties, finesliabilities, costs, liabilities or lossesexpenses, including, without limitation, attorneys', consultants' damages and experts' fees, which arise during or after obligations of any nature arising from the Term contamination of the Project with Hazardous Substances as a result of any Hazardous Substances being generated, used or disposed arising out of in the use or on, or brought to, occupancy of the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the PremisesTenant. The within covenants foregoing indemnification shall survive the termination or expiration or earlier termination of this LeaseLease for a period of two (2) years thereafter. Tenant may use and store in the Premises janitorial supplies and other items as are necessary in the normal operation of Tenant's business in the Premises ("Necessary Hazardous Substances"), provided Tenant (i) uses and stores all Necessary Hazardous Substances in accordance with all applicable Governmental Requirements; (ii) indemnifies and holds Landlord harmless from any claims, costs or damages arising from the presence of any Necessary Hazardous Substances in the Building; and (iii) pays any increased insurance premiums arising from the presence of any Necessary Hazardous Substances in the Building. Landlord shall use its reasonable best efforts to prohibit other tenants and visitors in the Project from causing or permitting contamination of the Project with Hazardous Substances as aforesaid, provided Landlord shall not be liable to Tenant or any other party in the event such contamination occurs.

Hazardous Substances. Tenant Except for customary materials necessary for operation, cleaning and maintenance of the Leased Property, none of the Town, the Trustee or any sublessee, purchaser or assignee of the Leased Property from the Trustee shall not (either with or without negligence) cause or permit within any Hazardous Substance to be brought upon, generated at, stored or on kept or used in or about the Premises Leased Property without prior written notice to the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Town and the Trustee and all Hazardous Substances"). Tenant shall not allow , including customary materials necessary for construction, operation, cleaning and maintenance of the generationLeased Property, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled will be used, kept and stored in accordance a manner that complies with the Legal Requirements, unless all laws regulating any such Hazardous Substances are generated, stored Substance so brought upon or used in accordance with or kept on or about the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these actsLeased Property. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances Substance on the Leased Property caused or permitted by the Town, the Trustee or any sublessee, purchaser or assignee of the Leased Property from the Trustee, as the case may be, results in contamination of the Premises. FurtherLeased Property, Tenant or if contamination of the Leased Property by Hazardous Substance otherwise occurs for which the Town, the Trustee or any sublessee or assignee of the Leased Property, as the case may be, is legally liable for damage resulting therefrom, then the Town, the Trustee or any sublessee, purchaser or assignee of the Leased Property from the Trustee, as the case may be, shall indemnify reimburse the other party for its reasonable and save Landlord harmless necessary legal expenses to defend the parties hereto or assignees hereof that have not caused or permitted such contamination and are not so legally liable with respect to this Site Lease from and against any and all clean-up costs, remedial or restoration work, claims, judgments, claims for damages, penalties, fines, costs, liabilities or losses; provided that the cost of such defense, including(a) in the case of the Trustee, without limitationshall be payable solely from the Trust Estate, attorneys'or (b) in the case of the Town, consultants' and experts' feesshall be payable only if the cost of such defense has been annually appropriated by the Town. This duty to reimburse legal expenses is not an indemnification. It is expressly understood that none of the Town, which arise during the Trustee or after any sublessee, purchaser or assignee is indemnifying any other person with respect to this Site Lease. Without limiting the Term as a result foregoing, if the presence of any Hazardous Substances being generated, used Substance on the Leased Property caused or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.permitted by:

Hazardous Substances. Tenant shall not not, without Lessor's prior written consent, keep or allow on or about the Premises or Common Areas, or allow any substances designated by law or regulation as hazardous, dangerous, toxic or harmful (either collectively referred to as Hazardous Substances), and which are subject to regulation by federal, state, or local laws or regulations. With respect to such Hazardous Substances Tenant shall comply promptly and completely with all governmental rules, requirements and regulations, and Lessor or without negligence) cause or permit within or Lessor's agent may come on the Premises the escapeto check Tenant's compliance with all governmental rules, disposal or release requirements and regulations. All costs and attorneys fees incurred by Lessor in connection with Lxxxxx's inspection of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by due and payable to Lessor upon demand. Should Tenant fail to Landlord upon demand as Additional Rent. In additioncomply with this paragraph 33, Tenant Lessor shall execute affidavits, representations have all of the rights and the like from time remedies set forth in this lease and tenant shall; (a) be liable to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and Lessor for all clean-up costs, remedial and all losses or restoration workdamages suffered by Lessor, claimstogether with any and all fees, judgmentspenalties (civil and criminal) imposed by any governmental authority because of Hazardous Substances in or about the Premises or Common Areas: (b) indemnify, damages, penalties, fines, defend and save Lessor harmless from any and afi costs, liabilities fees. penalties and charges assessed or losses, including, without limitation, attorneys', consultants' imposed upon Lxxxxx (as well as lxxxxx's attorney's fees and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or costs) as the result of an abatementTenant allowing or permitting Hazardous Substances in or about the Premises or Common Areas. Tenant acknowledges that the Premises may contain asbestos or other hazardous materials, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in and Txxxxx accepts the Premises, notwithstanding such materials. The within covenants If Lessor is required by any statute, regulation, order, decree, judgment or other law to take any action to remove or axxxx the hazardous materials, or if Lessor deems it necessary to conduct special maintenance or testing procedures with regard to the hazardous materials, Lessor may take such action or conduct such procedures at times in a manner that Lessor deems appropriate under the circumstances, and Tenant shall survive permit the expiration or earlier termination of same. Tenant shall have no liability for hazardous substances on the Premises predating this Leaseease.

Hazardous Substances. (a) All operations or activities upon, or any use or occupancy of the Property, or any portion thereof, by Tenant, or any agent, contractor, employee or subtenant of Tenant shall not (either at all times during the Term be in all respects in strict compliance with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "and all Local Requirements and Insurance Requirements relating to Hazardous Substances"), including, but not limited to, the discharge and removal of Hazardous Substances. Tenant shall not allow will keep the generation, storage or use Property free and clear of any all Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such those Hazardous Substances which are generatednecessary for the operation of the Facility (which Hazardous Substances shall be handled, stored or used and disposed of in accordance strict compliance with the Legal Requirements and approved in advance in writing by Landlord. Any use Insurance Requirements) and Tenant shall pay all costs required properly to use, handle and dispose of all Hazardous Substance and shall keep the Property free and clear of any lien relating, to Hazardous Substances shall only which may be in imposed pursuant to the ordinary course Legal Requirements and Insurance Requirements. Neither Tenant, nor any agent, contractor, employee or subtenant of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsallow the manufacture, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the storage, voluntary transmission or presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generatedover or upon the Property (except in strict compliance with the Legal Requirements and Insurance Requirements). Landlord shall have the right at any time with notice to Tenant to conduct an environmental audit of the Property and Tenant shall cooperate in the conduct of such environmental audit. Furthermore, used neither Tenant, nor any agent, contractor, employee or disposed any subtenant of Tenant shall install or permit to be installed in or on the Property friable asbestos or any substance containing, asbestos or similarly deemed hazardous by governmental authorities or the Legal Requirements respecting such materials, and with respect to any such materials currently present in the Property, shall promptly either, subject to the terms of the letter agreement of even date herewith between Landlord and Tenant, (x) remove any material which such Legal Requirements deem hazardous and require be removed, at its sole cost and expense, or (y) otherwise comply with the Legal Requirements. Tenant shall promptly notify Landlord in writing of any order, receipt of any notice of violation or noncompliance with any applicable law, rule, regulation, standard or order, any threatened or pending action by any regulatory agency or other governmental authority or any claims made by any third party relating to Hazardous Substances on, emanations on or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.from,

Hazardous Substances. (a) Tenant shall not generate, store (either except for small quantities of substances ordinarily stored and used in connection with general office use if stored, used and disposed of, in accordance with all laws relating thereto), dispose of or without negligence) cause release, or permit within the storage, use, disposal or release of, any "HAZARDOUS SUBSTANCES" (as hereinafter defined), in, above, on or under the Premises or the Project. Tenant shall remove, clean-up and remedy any Hazardous Substance on the Premises or in accordance with applicable law, provided that the escapepresence of such Hazardous Substance resulted from the action or inaction of Tenant, or any Tenant Parties and Tenant shall be obligated to continue to pay Rent hereunder until such removal, clean-up or remedy is completed in accordance with applicable laws, whether or not the Term shall terminate or expire. (b) Tenant shall not take or permit any action that would cause the Premises or Project to become an "establishment" (as defined in the Connecticut Transfer Act, C.G.S. Section 22a-134). Tenant hereby grants LandloRd the right to inspect the Premises on not less than twenty-four (24) hours notice to Tenant (except in the event of an emergency in which case Landlord will use reasonable efforts commensurate with the nature of the emergency condition to give Tenant prior notice) throughout the Term, to determine that Tenant is in compliance with applicable laws and Tenant agrees to provide Landlord with all information necessary to ascertain that Tenant is in compliance with applicable laws. Tenant shall cooperate with Landlord in satisfying any legal requirements imposed upon Landlord relating to Tenant's operations, and, upon Landlord's written request, shall furnish complete information to Landlord with regard to its operations. In connection with any transfer of the Premises or Project, Tenant shall comply with the Connecticut Transfer Act and any other applicable laws relative to its operations. (c) "Hazardous Substances" shall mean any petroleum, petroleum products, fuel oil, waste oil, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, medical waste, pollutants, herbicides, fungicides, rodenticides, insecticides, contaminant, or pesticides and including, but not limited to any other element, compound, 11 <PAGE> mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Tenant shall comply with all laws applicable to the generation, storage, use, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed including but not limited to, obtaining and maintaining any permits from, or making any filings or registrations with, by Tenant to Landlord upon demand any governmental authority as Additional Rentrequired under any applicable law. In addition, (d) Tenant shall execute affidavitsindemnify, representations defend with counsel reasonably acceptable to Landlord, and hold Landlord fully harmless and any mortgagee of the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. FurtherProject, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costsliability, remedial or restoration workloss, suits, claims, judgmentsactions, causes of action, remediation orders, proceedings, demands, costs, penalties, damages, penalties, fines, costs, liabilities or lossesfines and expenses, including, without limitation, attorneys'' fees, consultants' and experts' fees, which arise during laboratory fees and clean-up costs, and the costs and expenses of investigating and defending any claims or after proceedings, resulting from, or attributable to, (i) the Term as a result presence of any Hazardous Substances being generated, used or disposed of in or on, or brought to, Substance on the Premises by Tenant or the Project arising from the action, inaction or negligence of Tenant, its officers, employees, contractors, agents, contractors subtenants or invitees, or as arising out the result of an abatementgeneration, treatment storage, treatment, handling, transportation, disposal or management required as the result release by Tenant of any actsHazardous Substance at or near the Premises or the Project, negligence, repairs or alterations made and (ii) any violation(s) by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of any applicable law regarding Hazardous Substances, and (iii) default of any of its agreements under Section 7.05 of this Lease.. 7.06

Hazardous Substances. Tenant shall hereby covenants and agrees that Tenant will not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow " (as hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at the generationProject or any part thereof, storage or use of any except for Hazardous Substances within as are commonly and legally used or stored as a consequence of using the Demised 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 any manner other than normal quantities of cleaning solvents controlled CERCLA (as hereinafter defined), and stored in accordance so long as Tenant strictly complies or causes compliance with all applicable governmental rules and regulations concerning the Legal Requirementsuse, unless such Hazardous Substances are generatedstorage, stored or used in accordance with the Legal Requirements production, transportation and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use disposal of such Hazardous Substances. Without Promptly upon receipt of Landlord1s 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 Demised Premises. Tenant also agrees to cooperate with Landlord and to provide access by Landlord and Landlord's representatives to any Tenant's records with respect to the Demised Premises relating to any assessment of the environmental condition of the Demised Premises and the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Demised Premises. For purposes of this Article 28, “Hazardous Substances" means and includes 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 pollutants designated by Congress or the EPA or which are defined as hazardous, toxic, pollutant, infectious or radioactive by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in effect (collectively "Environmental Laws"). Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney's fees, costs of settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any Person 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 Demised Premises of any Hazardous Substances shall include those described in (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney's fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.["CERCLA"], any applicable so called federal, state or local "Superfund" or “Superlien” laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing other Environmental Law); provided, however, that the foregoing indemnity is limited to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like matters arising solely from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding violation of the presence of Hazardous Substances covenant contained in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesthis Article. The within covenants shall obligations of Tenant under this Article will survive the any expiration or earlier termination of this Lease.

Hazardous Substances. Tenant Except for customary materials necessary for operation, cleaning and maintenance of the Leased Property, none of the City, the Trustee or any sublessee, purchaser or assignee of the Leased Property from the Trustee shall not (either with or without negligence) cause or permit within any Hazardous Substance to be brought upon, generated at, stored or on kept or used in or about the Premises Leased Property without prior written notice to the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "City and the Trustee and all Hazardous Substances"). Tenant shall not allow , including customary materials necessary for construction, operation, cleaning and maintenance of the generationLeased Property, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled will be used, kept and stored in accordance a manner that complies with the Legal Requirements, unless all laws regulating any such Hazardous Substances are generated, stored Substance so brought upon or used in accordance or kept on or about the Leased Property, provided unless the Trustee has exercised its right to take possession of the Leased Property after the occurrence and continuance of an Event of Lease Default, the Trustee shall have no responsibility under this Section to monitor or investigate whether the Lease Property complies with the Legal Requirements and approved in advance in writing by Landlord. Any use of environmental laws or is subject to any Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these actsSubstance. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances Substance on the Leased Property caused or permitted by the City, the Trustee or any sublessee, purchaser or assignee of the Leased Property from the Trustee, as the case may be, results in contamination of the Premises. FurtherLeased Property, Tenant or if contamination of the Leased Property by Hazardous Substance otherwise occurs for which the City, the Trustee or any sublessee or assignee of the Leased Property, as the case may be, is legally liable for damage resulting therefrom, then the City, the Trustee or any sublessee, purchaser or assignee of the Leased Property from the Trustee, as the case may be, shall indemnify reimburse the other party for its reasonable and save Landlord harmless necessary legal expenses to defend the parties hereto or assignees hereof that have not caused or permitted such contamination and are not so legally liable with respect to this Site Lease from and against any and all clean-up costs, remedial or restoration work, claims, judgments, claims for damages, penalties, fines, costs, liabilities or losses; provided that the cost of such defense,: (a) in the case of the Trustee, includingshall be payable only if the Trustee has exercised its right to take possession of the Leased Property and shall be payable solely from the Series 2020A Trust Estate or Series 2020B Trust Estate,; or (b) in the case of the City, without limitationshall be payable only to the extent permitted by law and only if the cost of such defense has been annually appropriated by the City. This duty to reimburse legal expenses is not an indemnification. It is expressly understood that none of the City, attorneys'the Trustee or any sublessee, consultants' and experts' feespurchaser or assignee is indemnifying any other person with respect to this Site Lease. Without limiting the foregoing, which arise during or after if the Term as a result presence of any Hazardous Substances being generated, used Substance on the Leased Property is caused or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.permitted by:

Hazardous Substances. Tenant represents and warrants to Landlord that the activities Tenant will conduct on the Premises pose no hazard to human health or the environment, nor do they violate any applicable federal, state or local laws, ordinances, rules or regulations pertaining to Hazardous Materials (to be hereinafter defined) or industrial hygiene or environmental conditions (“Environmental Laws”). Tenant shall not (either with or without negligence) cause or permit within or on the Premises to be used for the escapegeneration, handling, storage, transportation, disposal or release of any biologically- Hazardous Materials except as exempted or chemically-active permitted under applicable Environmental Laws; and Tenant shall not cause or other hazardous permit the Premises or toxic substances, materials or wastes (collectively, "Hazardous Substances")any activities conducted thereon to be in violation of any applicable Environmental Laws. Tenant shall not allow acquire and maintain all permits, approvals, licenses and the like required by Environmental Laws for Tenant’s activities on the Premises; and Tenant shall keep those permits, approvals, licenses and the like current, and shall comply with all regulations, rules and restrictions relating thereto. Tenant agrees to indemnify Landlord and hold the Landlord harmless from all claims, losses, damages, liabilities, fines, penalties and charges and all costs and expense incurred in connection therewith (including attorneys’ fees and litigation expenses), directly or indirectly resulting in whole or in part from Tenant’s violation of any Environmental Laws applicable to the Premises or to any activity conducted thereon, or from any use, generation, storage handling, storage, transportation, disposal or use release of Hazardous Materials at or in connection with the Premises, or any clean up or other remedial measures required with respect to the Premises under any Environmental Laws. Tenant shall reimburse Landlord immediately upon demand for all sums paid and costs incurred by Landlord with respect to the foregoing matters. This indemnity shall survive the full performance and expiration of this Lease and shall inure to the benefit of any transferee of title to the Land. For purposes of this Lease, the term “Hazardous Substances within the Premises in Materials” shall include any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored substances defined as or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be included in the ordinary course definition of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation“hazardous substances”, storage and use of such Hazardous Substances. Without limitation“hazardous wastes”, Hazardous Substances shall include those described in the Comprehensive Environmental Response“hazardous materials”, Compensation and Liability Act of 1980“toxic substances”, as amended“contaminants”, 42 U.S.C. Section 9601 et seq.“regulated substances”, or any other pollution under any applicable federal, state or local laws and the laws, ordinances, rules or regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord now or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances hereafter in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseeffect.

Hazardous Substances. Tenant Lessee shall comply, and shall require any sublessee to comply with, all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises, including but not (either limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, 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 negligence) cause or permit within or first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises Premises. If Lessee determines that a threat to the escapeenvironment, disposal including but not limited to a release, discharge, spill or release deposit of any biologically- a hazardous or chemically-active regulated substance, has occurred or is occurring which affects or threatens to affect the Premises, or the persons, structures, equipment, or other hazardous property thereon, Lessee must notify immediately by oral report, in person or toxic substancesby telephone, materials to be promptly confirmed in writing within twenty four (24) hours to the Airport Director as required by law or wastes regulation. Lessee or its designee shall keep a readily accessible file of Materials Safety Data Sheets (collectively“MSDS”) for each Hazardous Substance on site or transported, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsfederal and state transportation laws, unless such 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 are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in Substance on the Premises. FurtherLessee 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, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costsrules, remedial or restoration workregulations, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or onorders, or brought topermits. 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 Premises by Tenant or its employees, agents, contractors or invitees, or as direct and indirect cost of such action shall be invoiced to the result Lessee plus a fifteen percent (15%) administrative fee. Payment of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisessuch charges are due and payable upon demand and may not be contested. The within covenants rights and obligations set forth in this Paragraph shall survive the earlier expiration or earlier termination of this Lease.

Hazardous Substances. (a) All operations or activities upon, or any use or occupancy of the Property, or any portion thereof, by Tenant, or any agent, contractor, employee or subtenant of Tenant shall not (either at all times during the Term be in all respects in strict compliance with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "and all Legal Requirements and Insurance Requirements relating to Hazardous Substances"), including, but not limited to, the discharge and removal of Hazardous Substances. Tenant shall not allow will keep the generation, storage or use Property free and clear of any all Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such those Hazardous Substances which are generatednecessary for the operation of the Facility for the Primary Intended Use (which Hazardous Substances shall be handled, stored or used and disposed of in accordance strict compliance with the Legal Requirements and approved in advance in writing by Landlord. Any use Insurance Requirements) and Tenant shall pay all costs required properly to use, handle and dispose of all Hazardous Substance and shall keep the Property free and clear of any lien relating to Hazardous Substances shall only which may be in imposed pursuant to the ordinary course Legal Requirements and Insurance Requirements. Neither Tenant, nor any agent, contractor employee or Subtenant of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsallow the manufacture, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the storage, voluntary transmission or presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generatedover or upon the Property (except in strict compliance with the Legal Requirements and Insurance Requirements). Landlord shall have the right at any time with notice to Tenant (but not more often than once in any calendar year) to conduct an environmental audit of the Property and Tenant shall cooperate in the conduct of such environmental audit Furthermore, used neither Tenant, nor any agent, contractor, employee or disposed any subtenant of Tenant shall install or permit to be installed in or on the Property friable asbestos or any substance containing asbestos or similarly deemed hazardous by governmental authorities or the Legal Requirements respecting such materials, and with respect to any such materials currently present in the Property, shall promptly either (x) remove any material which such Legal Requirements deem hazardous and require be removed, at its sole cost and expense, or (y) otherwise comply with the Legal Requirements. Tenant shall promptly notify Landlord in writing of any order, receipt of any notice of violation or noncompliance with any applicable law, rule, regulation, standard or order, any threatened or pending action by any regulatory agency or other governmental authority or any claims made by any third party relating to Hazardous Substances on, emanations on or brought tofrom, the Premises by Tenant releases on or its employees, agents, contractors or inviteesfrom, or as threats of releases on or from any of the result of an abatement, treatment or management required as the result Property and shall promptly furnish Landlord with copies of any actscorrespondence, negligencenotices or legal pleadings in connection therewith. Landlord shall have the right, repairs but shall not be obligated, to notify any governmental authority of any state of facts which may come to its attention with respect to Hazardous Substances on, released from or alterations made by Tenant in emanating on or from any part of the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseProperty.

Hazardous Substances. Tenant Lessee shall comply and shall require any sublessee to comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises, including but not (either limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, 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 negligence) cause or permit within or first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises Premises. If Lessee determines that a threat to the escapeenvironment, disposal including but not limited to a release, discharge, spill or release deposit of any biologically- a hazardous or chemically-active regulated substance, has occurred or is occurring which affects or threatens to affect the Premises, or the persons, structures, equipment, or other hazardous property thereon, Lessee must notify immediately by oral report, in person or toxic substancesby telephone, materials to be promptly confirmed in writing within twenty four (24) hours to the Airport Director as required by law or wastes regulation. Lessee or its designee shall keep a readily accessible file of Materials Safety Data Sheets (collectively“MSDS”) for each Hazardous Substance on site or transported, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsfederal and state transportation laws, unless such 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 are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in Substance on the Premises. FurtherLessee 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, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costsrules, remedial or restoration workregulations, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or onorders, or brought topermits. In the event Xxxxxx fails to fulfill this obligation following written notice and a reasonable cure period, City may perform any such remediation and the Premises by Tenant or its employees, agents, contractors or invitees, or as direct and indirect cost of such action shall be invoiced to the result Lessee plus a fifteen percent (15%) administrative fee. Payment of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisessuch charges are due and payable upon demand and may not be contested. The within covenants rights and obligations set forth in this Paragraph shall survive the earlier expiration or earlier termination of this Lease.

Hazardous Substances. (a) All operations or activities upon, or any use or occupancy of the Property, or any portion thereof, by Tenant, or any agent, contractor, employee or subtenant of Tenant shall not (either at all times during the Term be in all respects in strict compliance with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "and all Legal Requirements and Insurance Requirements relating to Hazardous Substances"), including, but not limited to, the discharge and removal of Hazardous Substances. Tenant shall not allow sell or otherwise provide to patients therein or permit to be kept, used or sold in, about, on or under the generationProperty any Hazardous Substances or any other article which may be prohibited by the Legal Requirements or Insurance Requirements, storage except that Tenant may store, handle, process, maintain or use dispose of any Hazardous Substances within necessary to the Premises Primary Intended Use and any other uses permitted hereunder in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance strict compliance with the Legal Requirements and approved in advance in writing by Landlordthe Insurance Requirements. Any use Tenant shall pay all costs required properly to use, handle and dispose of all Hazardous Substance and shall keep the Property free and clear of any lien relating to Hazardous Substances shall only which may be in imposed pursuant to the ordinary course Legal Requirements and Insurance Requirements. Neither Tenant, nor any agent, contractor, employee or subtenant of Tenant's business and in accordance with , shall allow the highest standards prevailing in the industry for the generationmanufacture, storage and use of such Hazardous Substances. Without limitationstorage, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state voluntary transmission or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generatedover or upon the Property (except in strict compliance with the Legal Requirements and Insurance Requirements). Landlord, used at its sole cost and expense, shall have the right at any time with notice to Tenant (but not more often than once in any calendar year) to conduct an environmental audit of the Property and Tenant shall cooperate in the conduct of such environmental audit. Furthermore, neither Tenant, nor any agent, contractor, employee or disposed any subtenant of Tenant, shall install or permit to be installed in or on the Property friable asbestos or any substance containing asbestos or similarly deemed hazardous by governmental authorities or the Legal Requirements respecting such materials, and with respect to any such materials currently present in the Property, shall promptly either (x) remove any material which such Legal Requirements deem hazardous and require be removed, at its sole cost and expense, or (y) otherwise comply with the Legal Requirements. Tenant shall promptly notify Landlord in writing of any order, receipt of any notice of violation or noncompliance with any applicable law, rule, regulation, standard or order, any threatened or pending action by any regulatory agency or other governmental authority or any claims made by any third party relating to Hazardous Substances on, emanations on or brought tofrom, the Premises by Tenant releases on or its employees, agents, contractors or inviteesfrom, or as threats of releases on or from any of the result of an abatement, treatment or management required as the result Property and shall promptly furnish Landlord with copies of any actscorrespondence, negligencenotices or legal pleadings in connection therewith. Landlord shall have the right, repairs but shall not be obligated, to notify any governmental authority of any state of facts which may come to its attention with respect to Hazardous Substances on, released from or alterations made by Tenant in emanating on or from any part of the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseProperty.

Hazardous Substances. (a) Tenant shall not (either with or without negligence) cause or permit within or on will keep the Premises the escape, disposal or release Facility free and clear of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any all Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such those Hazardous Substances which are generatedrequired for the operation of the Facility (which Hazardous Substances shall be handled, stored or used and disposed of in accordance strict compliance with the Legal Requirements and approved in advance in writing by Landlord. Any use Insurance Requirements) and Tenant shall pay all costs required to properly use, handle and dispose of all Hazardous Substances shall only be in introduced by Tenant or its Agents (as defined below) or otherwise first arising on the ordinary course Property after the Commencement Date as and when due and Tenant will keep the Property free and clear of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, any lien relating to Hazardous Substances shall include those described in first arising on the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or Property after the Term Commencement Date which may be imposed pursuant to the Legal Requirements and imposed as a result of the presence of such Hazardous Substance at the Facility. For the purposes of this Article, the term “Property” shall also include, in addition to the items specified in Section 2.1, all air, soil, groundwater, surface water or soils vapor at, on, about, under or within any portion of the Land. All operations or activities upon, or any use or occupancy of the Property, or any portion thereof, by Tenant, or any agent, contractor or employee, or subtenant of Tenant (any of the foregoing being defined herein as Tenant’s “Agent”) shall at all times during the Term be in all respects in strict compliance with any and all Legal Requirements relating to Hazardous Substances, including, but not limited to, the discharge and removal of Hazardous Substances. Tenant will not, nor will Tenant permit, any agent, contractor or employee of subtenant of Tenant, to allow the manufacture, storage, voluntary transmission or presence of any Hazardous Substances being generatedover or upon the Property or any portion thereof (except in strict compliance with the Legal Requirements). Landlord shall have the right at any time to conduct, used at its cost, an environmental audit of the Property or disposed any portion thereof and Tenant shall cooperate in the conduct of such environmental audit. Furthermore, neither Tenant will, nor will Tenant permit any Agent to, install or permit to be installed (except in strict compliance with applicable Legal Requirements), in or on the Property or any portion thereof friable asbestos or any substance containing asbestos or similarly deemed hazardous by governmental authorities or the Legal Requirements respecting such materials. Tenant shall promptly notify Landlord in writing of any order, receipt of any notice of violation or noncompliance with any applicable law, rule, regulation, standard or order, any threatened or pending action by any regulatory agency or other governmental authority, or any claims made by any third party, in each case relating to Hazardous Substances on, emanations of Hazardous Substances on or brought tofrom, the Premises by Tenant releases of Hazardous Substances on or its employees, agents, contractors or inviteesfrom, or as threats of releases on or from any of the result of an abatement, treatment or management required as Property; and shall promptly furnish the result Landlord with copies of any actscorrespondence, negligence05191N:091419:828868:7:NASHVILLE 5149360.3 notices, repairs or alterations made by Tenant legal pleadings in connection therewith. Landlord shall have the Premises. The within covenants right, but shall survive not be obligated, to notify any governmental authority of any state of facts which may come to its attention with respect to Hazardous Substances on, released from or emanating from any part of the expiration Property which Landlord reasonably believes may cause harm to any persons or earlier termination of this Leaseproperty.

Hazardous Substances. A. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Leased Premises the escapeby Tenant, disposal Tenant’s agents, employees, contractors or release invitees in violation of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes Environmental Laws (collectively, "Hazardous Substances"as hereinafter defined). Tenant shall not allow indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the generationLandlord Parties harmless from any and all claims, storage damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Leased Premises, damages caused by loss or use restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) from or in connection with the presence of any Hazardous Substances within Substance on or under the Leased Premises (i) attributable to periods from and after the Commencement Date, unless the Hazardous Substance is present solely as a result of the acts of Landlord, its officers, employees or agents or (ii) attributable to periods prior to the Commencement Date if such Hazardous Substance is present solely as a result of the acts of Tenant, its officers, employees or agents. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the Leased Premises 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 any Hazardous Substance on the Leased Premises in Violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any manner and all necessary actions to address such violation in compliance, and cause the Leased Premises to comply, with Environmental Laws; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action which approval shall not be unreasonably withheld. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other than normal discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. B. As used herein, “Hazardous Substance” means any substance (i) that is toxic, ignitable, reactive or corrosive or that is regulated by any local, state or federal Laws, and includes any and all material or substances that are defined as “hazardous waste”, “extremely hazardous waste”, “hazardous substance” or a “hazardous material” pursuant to any such Laws and includes, but is not limited to, asbestos, polychlorobiphenyls and petroleum and any fractions thereof, (ii) any substance which is now or hereafter considered a biological contaminant or which could adversely impact air quality, including mold, fungi and other bacterial agents and (iii) all biohazardous, infectious and medical waste. Notwithstanding anything in this Section 39 to the contrary, “Hazardous Substances” shall not include materials commonly used in the ordinary operations of a comparable building, including, without limitation, the use of an acid wash to sterilize materials, provided that (1) such materials are used and properly stored in the Leased Premises in quantities of cleaning solvents controlled ordinarily used and stored in accordance with comparable office space, (2) such materials are not introduced into the Legal Requirements, unless such Hazardous Substances Building’s plumbing systems or are generated, stored not otherwise released or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be discharged in the ordinary course of Tenant's business Leased Premises or the Building and (3) such materials are in accordance strict compliance with the highest standards prevailing in the industry for the generationLaws. As used herein, storage and use of such Hazardous Substances. Without limitation“Environmental Laws” means all applicable federal, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws laws, regulations, orders, judgments and decrees regarding health, safety or the regulations adopted under these actsenvironment. If C. Tenant uses hereby acknowledges that it has received and reviewed the Phase I Environmental Site Assessment dated August, 2003 prepared by Terra-Mar, Inc. as TMI Project Number HN 03-056 (the “Environmental Report”). Landlord represents and warrant to Tenant that, to Landlord’s knowledge as of the Effective Date, no Hazardous Substances within the Premises and if Landlord have been used, stored, generated, contained or any lender disposed of on or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the PremisesLeased Premises except as set forth in the Environmental Reports. FurtherTo the extent not specifically prohibited by Laws, Landlord agrees to indemnify, defend and hold Tenant shall indemnify and save Landlord its officers, employees, and agents harmless from and against any and all clean-up costs, remedial or restoration work, claimsclaim, judgments, damages, penalties, fines, costs, liabilities or losseslosses from or in connection with the presence of any Hazardous Substance on or under the Leased Premises (i) attributable to periods prior to the Commencement Date, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after unless the Term Hazardous Substance is present solely as a result of any the acts of Tenant, its officers, employees or agents or (ii) attributable to periods from and after the Commencement Date if the Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.Substance is present

Hazardous Substances. Tenant Lessee shall not keep the Leased Premises, Exclusive Parking Area and the Real Property free from contamination by or from any hazardous substances or hazardous waste (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless as such Hazardous Substances terms are generated, stored or defined and/or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be applicable state or federal law or in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generationregulations issued thereunder including, storage and use of such Hazardous Substances. Without without limitation, Hazardous Substances shall include those described in the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980Act) (collectively, “Hazardous Substances”) caused by the Lessee or its employees, contractors, agents, or invitees; except such as amendedare utilized in conjunction with Lessee’s business operations and then in compliance with all applicable laws. Lessee also agrees that it will not store, 42 U.S.C. Section 9601 et seq.utilize or engage in operations at or upon the Leased Premises, any applicable state or local laws Exclusive Parking Area and the regulations adopted under these acts. If Tenant uses Hazardous Substances within Real Property or affecting the Premises Leased Premises, Exclusive Parking Area and if Landlord the Real Property which involve the generation, manufacture, refining, transportation, treatment, storage, handling or any lender or governmental agency requires testing to ascertain whether or not there has been any release disposal of Hazardous Substances, then and Lessee will at all times comply with and conform to all laws, statutes, ordinances, rules, regulations, notices and orders of all governmental and regulating authorities or any board of fire underwriters, or any insurance organization or company with respect to the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additiontreatment of any Hazardous Substances on or which affect the Leased Premises, Tenant shall execute affidavits, representations Exclusive Parking Area and the like from time Real Property. Lessee shall not cause or permit to time at Landlordexist as a result of an intentional or unintentional action or omission on its part or on the part of any of Lessee's request concerning Tenant's best knowledge and belief regarding agents any releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping from, on or about the presence Leased Premises, Exclusive Parking Area or the Real Property of any such Hazardous Substances. Lessee shall furnish to Lessor a list of all Hazardous Substances Lessee uses in connection with its use of the PremisesLeased Premises and Exclusive Parking Area and shall update the list whenever an additional Hazardous Substance is used at the Leased Premises or Exclusive Parking Area. FurtherLessee shall indemnify, Tenant shall indemnify defend and save Landlord harmless hold harmless, Lessor, its successors and assigns, and any officer, director, shareholder, employee or agent of Lessor from and against any and all clean-up liability, damages, costs, remedial or restoration work, claims, judgmentssuits, damagesactions, legal or administrative proceedings, interests, losses, expenses, penalties, fines, costsand attorneys' fees to the extent resulting from or arising out of, liabilities or lossesin any way connected with, includinginjury to, without limitationor the death of, attorneys'any person (including any indemnified party) or physical damage to property of any kind wherever located and by whomever owned (including that of any indemnified party) arising out of, consultants' or in any way connected with, the presence on, in or under the Leased Premises, Exclusive Parking Area and experts' fees, which arise during or after the Term as a result Real Property of any Hazardous Substances being generatedbut only to the extent such Hazardous Substances were brought onto the Leased Premises, used or disposed of in or onExclusive Parking Area and/or the Real Property by Lessee, or brought to, the Premises by Tenant or its employees, contractors, agents, contractors licensees, invitees or invitees, or as the result of guests. This indemnification is an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants independent covenant and shall survive the expiration or earlier termination of this Lease. Except to the extent of any Hazardous Substances revealed in the Phase I Environmental Site Assessment of the Real Property conducted by Environmental Resources Management dated August 2006, as Work Order No. 54165 (“Phase I Report”) a copy of which has been delivered to Lessee, Lessor shall indemnify, defend and hold Lessee harmless from any liability incurred by Lessee as a result of any claim arising from the presence of any Hazardous Substances (including any mold or asbestos existing in the Leased Premises prior to Lessee’s early entry onto the Leased Premises) on, in or under the Leased Premises, Exclusive Parking Area and/or the Real Property which has been proven to have: (i) occurred prior to the date of early entry by Lessee onto the Leased Premises; or (ii) been caused by Lessor or its employees, contractors or agents, unless it is shown that Hazardous Substances were introduced in or under the Leased Premises, Exclusive Parking Area or the Real Property by the act or omission of Lessee, or its employees, contractors, agents, licensees, invitees, guests, successors, assigns or sublessees, if any. Lessor shall comply with all Applicable Laws to remediate any contamination of the Real Property by Hazardous Substances unless caused by Lessee or its employees, contractors, agents, licensees, invitees, guests, successors, assigns or sublessees. Lessor represents and warrants that, to Lessor’s knowledge, except as may be set forth in the Phase I Report, as of the date of early entry by Lessee onto the Leased Premises or Exclusive Parking Area, there are no Hazardous Substances located in, on or under the Leased Premises, Exclusive Parking Area and the Real Property.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escapeany hazardous material to be brought upon, disposal or release of any biologically- or chemically-active or other hazardous or toxic substanceskept, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with or about the Legal Requirements and approved in advance in writing Premises by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitationits agents, Hazardous Substances shall include those described in the Comprehensive Environmental Responseemployees, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state contractors or local laws and the regulations adopted under these actsinvitees. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substancesare, through Tenant’s fault, contaminated by hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, losses (including without limitation, attorneys'diminution in value or useable space or of any amenity of the Premises), consultants' damages arising from any adverse impact on marketing of space, and experts' sums paid in settlement of claims, attorney’s fees, consultants fees and expert fees (including any appeals) which arise during or after the Term lease term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises such contamination. This indemnification by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or its employeesany clean up, agentsremediation, contractors removal or inviteesrestoration work required by any federal, state or as local government agency or political subdivision because of hazardous material present in the result of an abatement, treatment soil or management required as the result of any acts, negligence, repairs ground water on or alterations made by Tenant in under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises is detected, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the contamination or introduction of such hazardous material to the Premises; provided, however, that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld, so long as such actions would not potentially have any material adverse effect on the Premises. As used herein, the term “hazardous materials” means any hazardous or toxic substance, material or waste, which is or becomes regulated by any local government authority, the State of Florida or the United States government. The within covenants shall survive term “hazardous material” includes, without limitation, any material or substance that is (1) defined as a “hazardous substance” under appropriate state law provisions, (2) petroleum, (3) asbestos, (4) designated as a “hazardous substance” pursuant to Section 311 of the expiration Federal Water Pollution Control Act (33 USC 1321), (5) defined as a hazardous waste pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, (42 USC 690), (6) defined as a hazardous substance pursuant to Section 10 of the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601), or earlier termination (7) defined as a regulated substance pursuant to Sub-Chapter VIII, Solid Waste Disposal Act (the regulation of this Leaseunderground storage tanks), (42 USC 4991).

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal Except for minute quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business cleaning and maintaining the Trust Property and disposed of in accordance with all applicable Environmental Regulations, Trustor shall not place, locate, produce, generate, create, store. treat, handle, transport, incorporate, discharge, emit, spill, release, deposit or dispose of any Hazardous Substance in, upon, under, over or from the highest standards prevailing Trust Property and shall not permit any Hazardous Substance to be placed, located, produced, generated, created, stored, treated, handled, transported, incorporated, discharged, emitted, spilled, released, deposited, disposed of or to escape therein, thereupon, thereunder, thereover or therefrom; and Trustor shall comply with all Environmental Regulations which are applicable to the Trust Property. Trustor agrees to promptly and properly remove and dispose of any Hazardous Substance found on or in the industry for the generationTrust Property, storage at Trustor's sole cost and use of such Hazardous Substancesexpense and in compliance with all applicable Environmental Regulations. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation At any time and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time time, if Beneficiary so requests, Trustor shall have any environmental assessment, review, audit and/or report relating to the Trust Property heretofore provided by Trustor to Beneficiary updated and/or amplified, at LandlordTrustor's request concerning Tenantsole cost and expense, by an engineer or scientist acceptable to Beneficiary, or shall have such an assessment, review, audit and/or report prepared for Beneficiary, at Trustor's best knowledge sole cost and belief regarding the presence of Hazardous Substances in the Premisesexpense, if none has previously been so provided. Further, Tenant Trustor shall indemnify and save Landlord harmless from and against any and all clean-up costsBeneficiary, remedial or restoration workits directors, claimsofficers, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or contractors, licensees, invitees, successors and assigns (hereinafter collectively referred to as "Indemnified Parties") against, shall hold the Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all claims, demands, judgments, penalties, liabilities, costs, damages and expenses incurred by the Indemnified Parties, including court costs and attorneys' fees (prior to trial, at trial and on appeal), in any action, administrative proceeding or negotiations against or involving any of the Indemnified Parties, resulting from any breach of the foregoing covenants, from the incorrectness or untruthfulness or any warranty or representation set forth in Subsection 1.2(j) hereof, from a failure by Trustor to perform any of its obligations hereunder with respect to any Hazardous Substance, or from the discovery of any Hazardous Substance in, upon, under or over, or emanating from, the Trust Property, it being the intent of Trustor and Beneficiary that the Indemnified Parties shall have no liability for damage or injury to human health, the environment or natural resources caused by, for abatement, clean-up, removal or disposal of, or otherwise with respect to, Hazardous Substances by virtue of the interest of Beneficiary in the Trust Property created hereby or as the result of an abatementBeneficiary exercising any of its rights or remedies with respect thereto hereunder, treatment including but not limited to becoming the owner thereof by foreclosure or management required as conveyance in lieu of foreclosure. The foregoing covenants, representations and warranties of Subsection 1.2(j) and of this Section 1.15 shall be deemed continuing covenants, representations and warranties for the result benefit of the Indemnified Parties, including but not limited to any actstransferee of the title of Beneficiary. Such indemnification shall survive payment of the Note, negligence, repairs but shall become null and void and of no further force or alterations made by Tenant effect in the Premisesevent Beneficiary or any other party obtains title to the Trust Property through foreclosure or exercise of power of sale under this Deed of Trust or deed in lieu of foreclosure or exercise of power of sale. The within covenants Any amounts covered by the foregoing indemnification shall survive bear interest from the expiration or earlier termination of this Leasedate paid at the Default Rate and shall be secured hereby.

Hazardous Substances. The term “Hazardous Substances,” as used in this Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, materials, or substances, the removal of which is required or the use or storage of which is restricted, prohibited, regulated or penalized by any “Environmental Law.” The term “Environmental Law” shall mean any federal, state, or local law, regulation, code, or ordinance relating to pollution or protection of the environment. Tenant shall agrees that no activity will be conducted by any Tenant Party on or about the Leased Premises or Property that will produce any Hazardous Substance (excluding normal cleaning supplies of types and in quantities customarily used and stored in connection with a business similar to the Permitted Uses, provided such use and storage are in compliance with any Environmental Law); the Leased Premises will not (either be used in any manner for the storage of any Hazardous Substances; no portion of the Leased Premises will be used as a landfill or a dump; Tenant will not install any underground tanks of any type; Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute, a public or without negligence) cause private nuisance; and Tenant will not permit any Hazardous Substances to be brought into the Leased Premises. If any such Hazardous Substance is so brought or permit within found located in or on the Premises Leased Premises, the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof same shall be reimbursed immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws, by Tenant, at Tenant’s sole expense. If, at any time during or after the Term Tenant to Landlord upon demand as Additional Rent. In additionshall, by act or omission, breach any of its obligations under this Section 12.1, Tenant shall execute affidavitsindemnify, representations defend and the like hold harmless Landlord from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgmentsdemands, damagesactions, liabilities, penalties, fines, causes, damages, losses (including any loss in fair market value) and obligations of any nature (including attorneys’ fees and litigation costs) arising from, liabilities caused by, relating to, or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesthereof. The within covenants foregoing indemnification shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant The term, “Hazardous Substance,” as used in this Lease, shall not (mean any product, substance, chemical, material, or waste whose presence, nature, quantity, and/or intensity of existence, use, manufacture, disposal, transportation, spill, release, or effect, either by itself or in combination with or without negligence) cause or permit within or other materials expected to be on the Premises Leased Premises, is either: (i) potentially injurious to the escapepublic health, disposal safety or release welfare, the environment, or the Leased Premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of Landlord to any biologically- governmental agency or chemicallythird party under any applicable statute or common law theory. Hazardous Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil, or any products or by-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")products thereof. Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises engage in any manner other than normal quantities of cleaning solvents controlled and stored activity in accordance with or about the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use Leased Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances shall only without the express prior written consent of Landlord and compliance in a timely manner (at Tenant’s sole cost and expense) with all Laws. Tenant may not store, use nor bring any Hazardous Substance upon the Leased Premises. Notwithstanding the foregoing, Tenant may, without Landlord’s prior consent, but upon notice to Landlord and in compliance with all Laws, use any ordinary and customary materials reasonably required to be used by Tenant in the ordinary normal course of Tenant's business the Permitted Use, so long as such use does not expose the Leased Premises or neighboring properties to any meaningful risk of contamination or damage, or expose Landlord to any liability therefor. Landlord and/or Landlord’s consultants may inspect the Leased Premises at any and all times to assure Tenant is in accordance compliance with the highest standards prevailing in the industry for the generation, storage any and use of such all laws applicable to Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations defend and the like hold Landlord harmless from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding any actions, claims, liabilities or losses which might occur as a result of the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed the actions of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseemployees and contractors.

Hazardous Substances. Tenant shall not, and shall not (either with or without negligence) cause or permit within allow any other party to, construct, use, deposit, store, dispose, place or locate on or about the Premises any Hazardous Substances (as later defined) without the escapeprior written consent of Landlord, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant which shall not allow be unreasonably withheld as long as Tenant demonstrates to Landlord's reasonable satisfaction that (a) the generation, storage or use nature and quality of any Hazardous Substances within are necessary, useful, and appropriate to Tenant's business conducted at the Premises: (b) the Hazardous Substances will be used, kept and stored with the highest degree of care and in a manner that complies with all governmental laws, ordinances, regulations, orders, and policies regulating any such hazardous material so brought upon or used or kept in or about the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless (c) such Hazardous Substances are generateddisposed of off the Premises and the land described in Exhibit B, stored in a disposal site licensed or used in accordance designated for such Hazardous Substances, with the Legal Requirements utmost care and approved caution and in advance a manner consistent with applicable governmental laws, ordinances, regulations, orders and policies; (d) Tenant pays as additional rent any increase in writing the premiums charged Landlord for insurance coverage by Landlord. Any reason of Tenant's storage, placement, location, or use of Hazardous Substances shall only be in or any premiums for additional insurance coverage's deemed appropriate by Landlord because of the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use presence of such Hazardous Substances; and (e) Tenant procures any insurance coverage's demanded by Landlord. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations defend, and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses, losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys', consultants' and experts' fees, consultant fees, and expert fees) which arise during or after the Term lease term as a result of contamination by Hazardous Substances as a result of Tenant's use or activities, or of Tenant's agents or contractors. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of the site conditions or any cleanup, remediation, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Substances present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Substances being generated, used or disposed of in or on, or brought to, on the Premises caused or permitted by Tenant or its employeesagents SN Properties Triple Net Lease - Page 11 September 24, agents1997 or contractors result in any contamination of the Premises, contractors or invitees, or Tenant shall promptly take all actions at its sole expense as are necessary to return the result of an abatement, treatment or management required as Premises to the result condition existing prior to the release of any actssuch hazardous material to the Premises, negligenceprovided that Landlord's approval of such actions shall first be obtained, repairs which approval shall not be unreasonable withheld so long as such actions would not potentially have any material adverse long-term or alterations made by Tenant in short-term effect on the Premises. The within covenants foregoing indemnity shall survive the expiration or earlier termination of this Leaselease.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- biologically or chemically-chemically active or other hazardous substances or toxic substances, materials or wastes (collectively, "Hazardous Substances")materials. Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises such substances or materials in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored not sanctioned by law or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such substances or materials, nor allow to be brought into the Leased Premises any such materials or substances except to use in the ordinary course of Tenant’s business, and then only after written notice is given to Landlord of the identity of such substances or materials provided, however, that Tenant does not have to notify Landlord of the usage of customary cleaning supplies or other common office products. Hazardous Substances. Without limitation, Hazardous Substances substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires shall ever require testing to ascertain whether or not there has been any release of Hazardous Substanceshazardous materials by Tenant or Persons acting under Tenant or at Tenant’s direction, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional RentCharges if such requirement applies to the Leased Premises and if such release was caused by Tenant or persons acting under Tenant or at Tenant’s direction. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's ’s request concerning Tenant's ’s best knowledge and belief regarding the presence of Hazardous Substances in hazardous substances or materials on the Leased Premises. FurtherIn all events, Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of hazardous materials on the Leased Premises occurring while Tenant is in possession, or elsewhere if caused by Tenant or Persons acting under Tenant or at Tenant’s direction. Landlord has provided Tenant with a copy of a Phase I Environmental Site Assessment Inner Harbor East—Parcel C prepared by Engineering Consulting Services, Ltd. and save dated September 24, 1999 and a copy of a Phase I Environmental Site Assessment of 0000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxx, prepared by Xxxxxxx Environmental Group, LLC and dated October 1, 2002 (collectively, the “Environmental Report”). Landlord harmless from represents and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result warrants to Tenant that it has no knowledge of any Hazardous Substances being generatedon the site, used or disposed of other than as noted in or onthe Environmental Report. Landlord represents and warrants to Tenant that Landlord will not directly, or brought nor knowingly permit others to, cause or permit the Premises by Tenant escape, disposal or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result release of any actsHazardous Substances anywhere on the Land or within the Parking Facilities and the Building and Landlord will indemnify and hold Tenant harmless from any liability, negligence, repairs cost or alterations made expense resulting from a violation of these provisions if caused by Tenant in the Premises. The within covenants shall survive the expiration Landlord or earlier termination of this Leasepersons acting at Landlord’s direction.

Hazardous Substances. Tenant shall covenants and agrees that, other than the -------------------- use and storage of ordinary business office supplies (such as copier toner) in small quantities, it will not (either with use or without negligence) cause or permit within or on allow the Premises to be used for the escapestorage, use, treatment or disposal or release of any biologically- or chemically-active or other "hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in substance," as defined under either the Comprehensive Environmental Response, Compensation and Liability Act of 19801980 (42 U.S.C. (S)9601 et. seq., as amended, 42 U.S.C. Section 9601 et seq., any applicable ) and similar state or ------- and local laws and the regulations adopted under these actsstatutes. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold harmless Landlord harmless and its agents from and against any and all clean-up costs, remedial or restoration workdamages, claims, judgments, damagesfines, penalties, fines, costs, liabilities (including sums paid in settlement of claims) or losses, including, without limitation, loss including reasonable attorneys', consultants' and experts' fees, reasonable consultants' fees, and reasonable expert fees (collectively "Damage") incurred as a direct result of Tenant's use, handling, generation, treatment, storage, disposal, other management or release of any hazardous substance at or from the Premises, whether or not Tenant has acted negligently with respect to such hazardous substance. This indemnity shall survive the expiration or earlier termination of this Lease. Landlord warrants and represents to Tenant that to Landlord's actual knowledge, there are no Hazardous Substances in violation of any Environmental Regulations in the Property of which arise during or the Premises are a part. From and after the Term as a result date of execution of this Lease, Landlord will not use or allow the Property to be used for the storage, use, treatment or disposal of any Hazardous Substances being generatedSubstance, used in violation of any Environmental Regulations. Landlord shall promptly contain and remediate any release of a Hazardous Substance on the Property to the extent such release arises directly from the actions of Landlord, its agents, servants and employees, and not solely from Landlord's position as an owner or disposed operator of in the Property. Landlord shall indemnify, hold harmless and defend Tenant, its agents, servants and employees, from and against all claims, actions, losses and expenses made or onincurred by third parties (including attorneys' and other professional fees), arising from any conduct, activity, act, omission, or brought tooperation involving the use, handling, generation, treatment, storage, disposal, or release of any Hazardous Substance in, from, or to the Premises Property, to the extent caused directly by Tenant or the actions of Landlord, its agents, servants, and employees, agents, contractors and not arising solely out of Landlord's position as an owner or invitees, or as operator of the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the PremisesProperty. The within covenants This indemnity shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. A. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substances to be brought upon, stored, or used in, on or under the Premises Project other than such quantities of Hazardous Substances as are customary and reasonably necessary for the escapeconduct of the Permitted Uses listed in the Schedule to this Lease, and which are listed in the Chemical Inventory attached hereto as Exhibit F, unless Landlord has consented in writing to the storage or use of larger quantities of such Hazardous Substances or to the use and storage of additional Hazardous Substances, in its sole discretion. Any handling, transportation, storage, treatment, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within in or about the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance Project by Tenant, its agents, employees, contractors or invitees shall strictly comply with the Legal all applicable Governmental Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costsliabilities, remedial or restoration worklosses, claims, judgments, damages, penalties, fines, attorneys' fees and court costs, liabilities remediation costs, investigation costs and any other expenses which result from or lossesarise out of the use, includingstorage, without limitationtreatment, attorneys'transportation, consultants' and experts' feesrelease, which arise during or after the Term as a result disposal of any Hazardous Substances being generatedon or about the Project by Tenant, used or disposed of in or onits agents, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees. If any lender or governmental agency shall require testing for Hazardous Substances in the Premises or the Enclosure Area, or Tenant shall pay 42 for such testing. In addition, Tenant may use and store in the Premises certain Hazardous Substances, such as inks, document duplication fluids and janitorial cleaning fluids (the result "Necessary Hazardous Substances") as are necessary in the normal operation of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant Tenant's business in the Premises. The within covenants shall survive , if Tenant (i) transports all such Necessary Hazardous Substances to and from the expiration Premises only via the loading dock and the freight elevator; (ii) uses and stores all Necessary Hazardous Substances in accordance with all applicable Governmental Requirements; (iii) indemnifies and holds Landlord harmless from any claims, costs or earlier termination damages arising from the presence of this Leaseany Necessary Hazardous Substances in the Building; and (iv) pays any increased insurance premiums arising from the presence of any Necessary Hazardous Substances in the Building.

Hazardous Substances. (c) Tenant shall not (either with or without negligence) cause or permit within or on will keep the Premises the escape, disposal or release Facilities free and clear of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any all Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such those Hazardous Substances which are generatedrequired for the operation of the Facilities (which Hazardous Substances shall be handled, stored or used and disposed of in accordance material compliance with the Legal Requirements and approved in advance in writing by Landlord. Any use Insurance Requirements) and Tenant shall pay all 1845797.11-NYCSR07A - MSW costs required to properly use, handle and dispose of all Hazardous Substances shall only be in introduced by Tenant or its Agents (as defined below) or otherwise first arising on the ordinary course Property after the Commencement Date as and when due and Tenant will keep the Property free and clear of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, any lien relating to Hazardous Substances shall include those described in first arising on the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or Property after the Term Commencement Date which may be imposed pursuant to the Legal Requirements and imposed as a result of the presence of such Hazardous Substance at the Facilities. For the purposes of this Article, the term “Property” shall also include, in addition to the items specified in Section 2.1, all air, soil, groundwater, surface water or soils vapor at, on, about, under or within any portion of the Land. All operations or activities upon, or any use or occupancy of the Property, or any portion thereof, by Tenant, or any agent, contractor or employee, or subtenant of Tenant (any of the foregoing being defined herein as Tenant’s “Agent”) shall at all times during the Term be in all respects in material compliance with any and all Legal Requirements relating to Hazardous Substances, including, but not limited to, the discharge and removal of Hazardous Substances. Tenant will not, nor will Tenant permit, any agent, contractor or employee of subtenant of Tenant, to allow the manufacture, storage, voluntary transmission or presence of any Hazardous Substances being generatedover or upon the Property or any portion thereof (except in material compliance with the Legal Requirements). Landlord shall have the right at any time to conduct, used at its cost, an environmental audit of the Property or disposed any portion thereof and Tenant shall cooperate in the conduct of such environmental audit, provided that any such audit shall not disturb or interfere with the residents at, or the operation of, the Facilities. Tenant shall promptly notify Landlord in writing of any order, receipt of any notice of violation or noncompliance with any applicable law, rule, regulation, standard or order, any threatened or pending action by any regulatory agency or other governmental authority, or any claims made by any third party, in each case relating to Hazardous Substances on, emanations of Hazardous Substances on or brought tofrom, the Premises by Tenant releases of Hazardous Substances on or its employees, agents, contractors or inviteesfrom, or as threats of releases on or from any of the result of an abatementProperty; and shall promptly furnish the Landlord, treatment or management required as the result following written request by Landlord, with copies of any actscorrespondence, negligencenotices, repairs or alterations made by Tenant legal pleadings in connection therewith. Landlord shall have the Premises. The within covenants right, but shall survive not be obligated, to notify any governmental authority of any state of facts which may come to its attention with respect to Hazardous Substances on, released from or emanating from any part of the expiration Property which Landlord reasonably believes may cause harm to any persons or earlier termination of this Leaseproperty.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, Except for materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generatedused, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be handled in the ordinary course of Tenant's business ’s business, in compliance with all applicable laws and regulations, the Tenant shall not handle, process, store, release or use any hazardous or toxic materials in accordance or on the Premises without the express written consent of the Landlord, which may be withheld in its sole discretion. In connection with the highest standards prevailing Tenant’s use or occupancy of the Premises, the Tenant shall comply in all respects with any applicable law, ordinance, regulation or ruling relating to environmental protection or the presence, use, generation, storage, release, containment or disposal of hazardous or toxic materials. The Tenant shall indemnify, defend and hold the Landlord harmless from and against any and all damage, cost, loss, liability and expense (including reasonable attorney’s fees) which may be incurred by the Landlord by reason of, resulting from, or arising in any manner whatsoever out of the breach of the obligations of the Tenant contained in this paragraph. Landlord represents, warrants and covenants to Tenant that the Premises are free of Hazardous Substances as that term is defined and used in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980(other than reasonable quantities typically associated with normal office activities) and are presently and shall remain in compliance in all material respects with all applicable laws, as amendedregulations and ordinances. Landlord shall, 42 U.S.C. Section 9601 et seq.at Landlord’s sole expense, remove from the Premises any applicable state or local laws and the regulations adopted under these acts. If Tenant uses existing Hazardous Substances within (including, but not limited to. asbestos-containing materials), not later than the Premises Occupancy Date. Landlord shall indemnify, protect and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by hold harmless Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costsclaims, remedial or restoration workdemands, claimsliabilities, actions, suits, proceedings, judgments, losses, damages (including punitive damages), fines, penalties, fines, costs, liabilities or losses, including, without limitation, costs and expenses (including reasonable attorneys'’, consultants' ’ and experts' ’ fees, which arise during or after the Term as ) arising from (i) a result breach of any Hazardous Substances being generated, used representation or disposed warranty of Landlord set forth in this paragraph; and (ii) any violation or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result alleged violation of any actsEnvironmental Law, negligence, repairs or alterations made except that which is caused by Tenant in the PremisesTenant. The within covenants foregoing indemnification obligation shall survive the expiration or of earlier termination of this Lease.

Hazardous Substances. Tenant COUNTY shall not (either with or without negligence) cause or permit within or on the Premises the escapepresence, disposal use, disposal, storage, or release of any biologically- Hazardous Substances on or chemically-active in Premises. COUNTY shall not do, nor allow anyone else to do, anything affecting Premises that is in violation of any Environmental Law. The preceding sentences shall not apply to the presence, use, or storage on Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal maintenance use. CITY shall promptly give COUNTY written notice of any investigation, claim, demand, lawsuit or other hazardous action by any governmental or toxic substancesregulatory agency or private party involving Premises, materials and any Hazardous Substance or wastes (collectivelyEnvironmental Law of which CITY has actual knowledge thereof. If CITY learns or is notified by any governmental or regulatory authority, "Hazardous Substances"). Tenant shall not allow the generation, storage that any removal or use other remediation of any Hazardous Substances within the Substance affecting Premises in any manner other than normal quantities of cleaning solvents controlled and stored is necessary, CITY shall promptly take all necessary remedial actions in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements Environmental Law. CITY shall indemnify and approved in advance in writing by Landlord. Any use hold COUNTY fully harmless for any liabilities and remedial actions of Hazardous Substances shall only be in the ordinary course of Tenant's business for which CITY is responsible under this Section, except if such liabilities and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed remedial actions were caused by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant COUNTY or its employeesofficers, agents, contractors employees or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesguests. The within covenants CITY’S indemnification obligations under this Section shall survive the expiration or earlier soon termination of the Lease Term. As used in this LeaseParagraph, “Hazardous Substances” are those substances defined as toxic or hazardous substances by Environmental Law, as well as the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde and radioactive materials. As used in this Paragraph, “Environmental Law” means Federal laws and laws of the jurisdiction where Premises is located that relate to health, safety, or environmental protection.

Hazardous Substances. Tenant Lessee shall not keep the Leased Premises, the Parking Area and the Real Property free from contamination by or from any hazardous substances or hazardous waste (either with as such terms are defined and/or used in applicable state or federal law or in the regulations issued thereunder including, without negligencelimitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act) cause in quantities or permit within or on concentrations which exceed the Premises the escapeaction level applicable thereto under federal, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes state and local laws and regulations (collectively, "“Hazardous Substances"”). Tenant shall Lessee also agrees that it will not allow store, utilize or engage in operations at or upon the Leased Premises, the Parking Area and the Real Property or affecting the Leased Premises, the Parking Area and the Real Property which involve the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of Hazardous Substances, medical waste or medical waste products other than in conformity with all applicable federal state and local laws and regulations, and Lessee will at all times comply with and conform to all laws, statutes, ordinances, rules, regulations, notices and orders of all governmental and regulating authorities or any board of fire underwriters, or any insurance organization or company with respect to such generation, storage or use of any Hazardous Substances within on or which affect the Leased Premises, the Parking Areas and the Real Property. Lessee shall not cause or permit to exist as a result of an intentional or unintentional action or omission on its part or on the part of any of Lessee’s agents any releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping from, on or about the Leased Premises in or the Real Property of any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generatedduring the Lease Term. Lessee shall indemnify, stored defend and hold harmless, Lessor, its successors and assigns, and any officer, director, shareholder, employee or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use agent of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like Lessor from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up liability, damages, costs, remedial or restoration work, claims, judgmentssuits, damagesactions, legal or administrative proceedings, interests, losses, expenses, penalties, fines, costsand reasonable attorney’s fees and reasonable appellate attorneys’ fees (including any such fees and expenses incurred in enforcing this indemnity) to the extent resulting from or arising out of, liabilities or lossesin any way connected with, includinginjury to, without limitationor the death of, attorneys'any person (including any indemnified party) or physical damage to property of any kind wherever located and by whomever owned (including that of any indemnified party) arising out of, consultants' or in any way connected with, the presence on, in or under the Leased Premises, the Parking Area and experts' fees, which arise during or after the Term as a result Real Property of any Hazardous Substances being generated, used or disposed of in or on, or but only to the extent such Hazardous Substances were brought toonto the Leased Premises, the Premises Parking Area and/or the Real Property by Tenant Lessee, or its employees, contractors, agents, contractors licensees, invitees or invitees, or as the result of guests. This indemnification is an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants independent covenant and shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Lessee shall not be required hereunder to remove, remediate or indemnify Lessor in respect of Hazardous Substances present on, in or under the Leased Premises, the Parking Area or the Real Property which have (i) occurred prior to the date of delivery to Lessee of early occupancy of the Leased Premises, or (ii) been caused by Lessor or its employees, contractors or agents, or by any third party unrelated to Lessee, except to the extent contamination or costs of removal or remediation are exacerbated by any act or omission of Lessee or its employees, contractors, agents, licensees or invitees. For purposes hereof, any third party, agent, contractor or other person or entity employed by Lessee or over which Lessee has reasonable control of actions or omissions relating to Hazardous Substances shall be deemed to be “related” to Lessee. Lessor shall indemnify, defend and hold Lessee harmless from any liability incurred by Lessee as a result of any claim arising from the presence of any Hazardous Substances on, in or under the Leased Premises, the Parking Area and the Real Property which has been proven to have: (i) occurred prior to the date of the delivery to Lessee of early occupancy of the Leased Premises; or (ii) been caused by Lessor or its employees, contractors or agents, unless it is shown that such Hazardous Substances were introduced in or under the Leased Premises, the Parking Area or the Real Property by Lessee, or its employees, contractors, agents, successors, assigns or sublessees, if any. Lessor represents and warrants that, to Lessor’s knowledge, except as may be revealed in the Phase I environmental audit of the Real Property conducted by Alt & Xxxxxx dated September 12, 2005 (“Phase I Report”), a copy of which has been delivered to the Lessee, as of the delivery of early occupancy to the Lessee of the Leased Premises, there are no Hazardous Substances located in, on or under the Leased Premises, the Parking Area and the Real Property.

Hazardous Substances. Tenant Lessee shall comply with all federal, state and local laws, ordinances, rules, regulations or requirements relating to the environment, health and safety now existing and as may hereafter be enacted (“Environmental Laws“) and including but not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless limited to those such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in as the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 1980 as amended, amended (42 U.S.C. Section § 9601 et seq.); the Resource Conservation and Recovery Act as amended (42 U.S.C. § 6901 et seq.); Alaska Statute 46.03.822; and others relating to the handling, any applicable state use, generation, accumulation, storage, transportation, disposal, treatment or local laws and the regulations adopted under these acts. If Tenant uses sale of Hazardous Substances within (as defined in this Section 8.2) in, on or under the Premises or the Improvements.‌ Lessee shall give notice to Lessor promptly after learning of any release of any Hazardous Substance on or at the Premises, the Improvements or surrounding environment. This notice shall include a description of measures taken or proposed to be taken by Lessee to obtain and/or remedy the release and if Landlord any resulting damage to property, persons or any lender or governmental agency requires testing the environment. At Lessee’s own expense, Lessee shall promptly take all steps necessary to ascertain whether or not there has been contain and remedy any release of Hazardous SubstancesSubstances in, then on or under the reasonable costs thereof Premises, the Improvements or surrounding environment, and all resultant damage or injury to property, persons and the environment (the “Response Action”). Lessee shall be reimbursed by Tenant solely responsible for coordinating the Response Action with the Alaska Department of Environmental Conservation and/or any other federal, state, or local agency with jurisdiction (collectively, the “Regulator”). Lessee shall provide Lessor with not less than seven days to Landlord upon demand review and comment on any submittal to a Regulator made as Additional Rentpart of a Response Action prior to submission, and shall provide Lessor with copies of any communication with the Regulator arising from or related to a Response Action. In additionAt any time, Tenant shall execute affidavits, representations and the like from time to time time, prior to the expiration of the Lease, Lessor shall have the right, but not any obligation, to conduct appropriate tests of the Premises or any portion thereof to determine whether contamination has occurred due to the acts or omissions of Lessee provided, however, that (a) all such testing shall be conducted at Landlord's request concerning Tenant's best knowledge Lessor’s sole cost and belief regarding expense except as set forth in the presence next sentence, (b) Lessor shall provide Lessee with copies of the results of any such testing, (c) Lessor shall not perform any intrusive or destructive testing of the Premises without first obtaining Lessee’s prior written consent and (d) Lessor shall promptly repair any physical damage caused by such testing and restore the Property to substantially the same physical condition it was in immediately prior to such testing. Lessee shall pay all reasonable costs of such tests if such tests reveal that Hazardous Substances exist in the PremisesPremises in violation of Environmental Laws or that contamination of the Premises has occurred. FurtherAt least 10 days prior to termination of this Lease, Tenant Lessee shall indemnify remove all Hazardous Substances which have been stored, or released onto or from, the area to be vacated and save Landlord shall decontaminate vacated areas in the Premises and Improvements in which Hazardous Substances were generated, stored, accumulated, released, or otherwise present. If Hazardous Substances were stored in tanks or containers, Lessee shall decommission such equipment. Documentation of this removal and decommissioning shall be included in the Clearance Assessment. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgmentsdemands, damages, costs, fees, penalties, finesand charges asserted against, costsimposed upon, liabilities or losses, including, without limitation, and incurred by Lessor (including fees and costs of attorneys', consultants' , laboratory testing charges and experts' fees, which arise during or after the Term personal injury claims) as a result of (i) the handling, use, generation, accumulation, storage, transportation, disposal, treatment and/or sale of Hazardous Substances at or from the Premises or Improvements; (ii) the release of any Hazardous Substances being generated, used or disposed of in or Substance on, at or brought to, from the Premises by Tenant or Improvements which is attributable to any act or omission of Lessee, or its employees, agents, contractors invitees or inviteessubtenants; (iii) the failure of Lessee, or as the result of an abatementits employees, treatment agents, invitees or management required as the result of subtenants to comply with any actsEnvironmental Laws; (iv) Lessee’s failure to remove all Hazardous Substances or decontaminate, negligencedecommission, repairs or alterations made by Tenant or, if appropriate, sterilize all areas in the Premises. The within covenants shall survive the expiration Premises in which any of Hazardous Substances were generated, stored, handled, accumulated, or earlier termination of this Lease.released; and

Hazardous Substances. Tenant shall not not, without Landlord's prior written consent, keep 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 (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")) on or about the Premises or Buildings. Notwithstanding the preceding sentence, Tenant shall not allow may keep, use, store and dispose of, in, on and from the generationPremises, storage or use of any materials and supplies otherwise constituting Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances which are generated, stored or normally used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business business, provided such materials and supplies are used, handled, stored and disposed of in accordance with all applicable governmental rules, regulations, laws and requirements, and in accordance with all applicable manufacturers' or suppliers' recommendations. With respect to any Hazardous Substances stored with Landlord's consent or permitted hereunder, Tenant shall: promptly, timely and completely comply with all governmental requirements for reporting and record keeping; submit to Landlord true and correct copies of all reports, manifests and identification numbers at the highest standards prevailing in same time as they are required to be and/or are submitted to the industry for appropriate governmental authorities; within five (5) days of Landlord's request, provide evidence satisfactory to Landlord of Tenant's compliance with all applicable governmental rules, regulations and requirements; and comply with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, storage treatment and use disposal of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation Any and Liability Act all costs incurred by Landlord and associated with Landlord's inspections of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord's monitoring of Tenant's compliance with this Section 8(d), including Landlord's attorneys' fees and costs, shall be Additional Rent and shall be due and payable to Landlord or within ten (10) days of Landlord's demand. Tenant shall be fully and completely liable to Landlord for any lender or governmental agency requires testing and all cleanup costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to ascertain whether or not there has been any release Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances, then in or about the reasonable costs thereof Premises or Buildings. Tenant shall be reimbursed by Tenant indemnify, defend and hold Landlord, and lenders to Landlord upon demand as Additional Rent. In addition(each a "Lender"), Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up of the costs, remedial or restoration work, claims, judgments, damagesfees, penalties, fines, charges and expenses assessed against or imposed upon Landlord and Lender (as well as Landlord's and Lender's attorneys' fees and costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term ) as a result of any Tenant's use, disposal, transportation, generation and/or sale of Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseSubstances.

Hazardous Substances. During the term of this Lease, Tenant shall not (either with suffer, allow, permit or without negligence) cause the generation, accumulation, storage, possession, release or permit within or on the Premises the escape, disposal or threat of release of any biologically- or chemically-active or other hazardous substance or toxic substancesmaterial, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances as those terms are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.and any regulations promulgated thereunder, or any applicable other present or future federal, state or local laws laws, ordinances, rules, and the regulations adopted under these actsregulations. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damagesliabilities, penalties, finesdemands, costsactions, liabilities costs and expenses (including without limitation reasonable attorney fees), remediation and response costs incurred or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during suffered by Landlord directly or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesindirectly arising directly from Tenant's tenancy. The within covenants Such indemnification shall survive the expiration or earlier termination of this Lease. At the expiration or sooner termination hereof, Tenant shall return the demised premises to Landlord in substantially the same condition as existed on the date of commencement hereof free of any hazardous substances in, on or from the demised premises. The Landlord hereby represents and warrants that: (i) it has not used, generated, discharged, released or stored any hazardous substances on, in or under the Shopping Center and has received no notice and has no knowledge of the presence in, on or under the Shopping Center of any such hazardous substances; (ii) to Landlord's knowledge there have never been any underground storage tanks at the Shopping Center, whether owned by the Landlord or its predecessors in interest; (iii) to Landlord's knowledge there have never been accumulated tires, spent batteries, mining spoil, debris or other solid waste (except for rubbish and containers for normal scheduled disposal in compliance with all applicable laws) in, on or under the Shopping Center; (iv) to Landlord's knowledge it has not spilled, discharged or leaked petroleum products other than de minimis quantities in connection with the operation of motor vehicles on the Shopping Center; (v) to Landlord's knowledge there has been no graining, filling or modification of wetlands (as defined by federal, state or local law, regulation or ordinance) at the Shopping Center; and (vi) to Landlord's knowledge there is no asbestos or asbestos-containing material in the leased premises. The representations and warranties set forth in this subparagraph shall apply to any contiguous or adjacent property owed by the Landlord. Landlord hereby indemnifies Tenant for any and all loss, cost, damage or expense to Tenant resulting from any misrepresentation or breach of the foregoing representations and warranties. If any such hazardous substances are discovered at the Shopping Center (unless introduced by the Tenant, its agents or employees) or if any asbestos or asbestos containing material is discovered in the leased premises, and removal, encapsulation or other remediation is required by applicable laws, the Landlord immediately and with all due diligence and at no expense to the Tenant shall take all measures necessary to comply with all applicable laws and to remove such hazardous substances or asbestos from the Shopping Center and/or encapsulate or remediate such hazardous substances or asbestos, which removal and/or encapsulation or remediation shall be in compliance with all environmental laws and regulations, and the Landlord shall repair and restore the Shopping Center at its expense. From the date such encapsulation, remediation and restoration is complete, the rent due hereunder shall be reduced by the same percentage as the percentage of the leased premises which, in the Tenant's reasonable judgement, cannot be safely, economically or practically used for the operation of the Tenant's business. Anything herein to the contrary notwithstanding, if in the Tenant's reasonable judgement, such removal, encapsulation, remediation and restoration cannot be completed within one hundred eighty (180) days or the same is not actually completed by Landlord within such one hundred eighty (180) day period following the date such hazardous substances or asbestos are discovered and such condition materially adversely affects Tenant's ability to conduct normal business operations in the premises, then the Tenant may terminate this Lease by written notice to the Landlord within thirty (30) days after such 180 day period, which notice shall be effective on Landlord's receipt thereof. Landlord shall comply with OSHA 29 CFR 1910.1001 (j) to notify tenants, including Tenant, of asbestos related activities in the leased premises and the Shopping Center including, but not limited to, selection of the certified/licensed asbestos abatement contractor, scope of the abatement work, and final clearance testing procedures and results.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal disposal, release or threat of release of any biologically- biologically or chemically-chemically active or other hazardous Hazardous Materials (as said term is hereafter defined) on, in, upon or toxic substancesunder the Premises, materials the Building, the Land or wastes the Park in violation of Environmental Laws (collectively, "Hazardous Substances"as said term is hereafter defined). Tenant shall not allow the generation, storage storage, use or use disposal of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generatedMaterials in violation of Environmental Laws, stored or used in accordance with nor allow to be brought into the Legal Requirements and approved in advance in writing by Landlord. Any Property any such Hazardous Materials except for use of Hazardous Substances shall only be in the ordinary course of Tenant's business ’s business. Tenant agrees that prior to the Term Commencement Date it will provide Landlord with a written list of any Hazardous Materials and the quantities in accordance with the highest standards prevailing which Tenant uses or plans to use, generate or store such Hazardous Materials in the industry for Premises. Tenant shall provide an updated list to Landlord if there is any material increase in the generationquantity of Hazardous Materials to be present in the Premises or if additional types of Hazardous Materials will be used, storage and use generated or stored in the Premises. Prior to providing a list of such Hazardous Substances. Without limitationMaterials to Landlord, Tenant may require Landlord to execute a commercially reasonable confidentiality agreement with Tenant whereby Landlord agrees to keep the contents of any list of Hazardous Substances shall include those described Materials used by Tenant in the Comprehensive Premises confidential, except in relation to any default by Tenant under this Section 27 or as may be required by applicable laws, including without limitation Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these actsLaws. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires shall ever require testing to ascertain whether or not there has been any release of Hazardous SubstancesMaterials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rentadditional charges but only if such requirement applies to the Premises and are the result of the acts or omissions of any Tenant Party or any other person acting under Tenant during the term of this Lease. In addition, Tenant shall execute affidavits, representations and the like like, from time to time time‑to‑time, at Landlord's ’s written request concerning Tenant's ’s best knowledge and belief regarding the presence of Hazardous Substances Materials on the Premises. In addition to the indemnities set forth herein, Tenant shall, at its own expense, remove, clean up, remedy and dispose of (in compliance with all Environmental Laws) all Hazardous Materials in the Premises or the Building or in, on or under the Land or Park that is generated or released in violation of Environmental Laws by any Tenant Party or any other person acting under Tenant during the term of this Lease (or during such time as Tenant is in occupancy or possession of any part of the Premises, the Building or the Land), or at a future date if the presence of Hazardous Materials directly relates back to Tenant’s Term under this Lease, at or from the Premises, the Building, the Land, or the Park and was generated by or resulting from the operations of any Tenant Party in violation of Environmental Laws in effect at such time (or in violation of any new Environmental Law that applies retroactively to the time of Tenant’s occupancy of the Premises), and further, shall remove, clean up, remedy and dispose of all Hazardous Materials located at, upon, under, within or in the Premises, the Building, the Land or the Park generated by or resulting from the operations of any Tenant Party during the term of this Lease (or such other periods of time as Tenant may be in occupancy or in possession of the Premises or any portion of the Property or Building), or at a future date if the presence of Hazardous Materials directly relates back to Tenant’s Term under this Lease and was generated by or resulting from the operations of any Tenant Party, in compliance with all Environmental Laws. FurtherIn performing its obligations hereunder, Tenant shall indemnify use all commercially reasonable efforts to avoid interference with the use and save Landlord harmless from enjoyment of the Building and against any the Property by other tenants and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesoccupants thereof. The within covenants provisions hereof shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify, defend and save harmless Landlord and its officers, directors, shareholders, employees, contractors, attorneys, servants, invitees, representatives and agents from and against all loss, costs, damages, claims, proceedings, demands, liabilities, penalties, fines and expenses, including without limitation, reasonable fees and costs for attorneys’ fees, consultants’ fees, litigation costs and clean‑up costs asserted against or incurred by Landlord, its officers, directors, shareholders, employees, contractors, servants, invitees, representatives or agents at any time by reason of or arising out of (i) any release or threat of release of any Hazardous Materials at, in, upon, under or from the Premises, the Building, the Land or the Park where such release or threat of release is the direct result of the acts or omissions (intentional or otherwise) of a Tenant Party or any party acting on behalf of Tenant, or (ii) any violation or alleged violation of any Environmental Laws governing Hazardous Materials where such violation or alleged violation is the direct result of the acts or omissions of any Tenant Party or any other person acting under Tenant. The indemnities set forth in this Section shall survive expiration or termination of this Lease. In addition to the requirements set forth above, Tenant shall, within ten (10) days of receipt, provide to Landlord copies of any inspection or other reports, correspondence, documentation, orders, citations, notices, directives, or suits from or by any governmental authority or insurer regarding noncompliance with or potential or actual violation of Environmental Laws. If Landlord reasonably believes Tenant may be in violation of any Environmental Law, Landlord may perform inspections and testing in the Premises for the presence or existence of Hazardous Materials. Landlord may also conduct such testing and inspections anywhere on the Land, in the Park or in the Building at any time, at Landlord expense unless such tests or inspections show that Tenant has violated any Environmental Law, in which case Tenant shall be responsible for the costs of such tests or inspections.

Hazardous Substances. Tenant Borrower shall not (either with or without negligence) cause or permit within or on the Premises the escapepresence, disposal use, disposal, storage, or release of any biologically- Hazardous Substances on or chemically-active in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written noticx xx xny investigation, claim, demand, lawsuit or other hazardous action by any governmental or toxic substancesregulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, materials or wastes xx xxxxxied by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Borrower shall be solely responsible for, shall indemnify, defend and hold harmiess Lender, its directors, officers, employees, attorneys, agents, and their respective successors and assigns, from and agalnst any and all claims, demands, causes of action, loss, damage, cost (collectivelyincluding actual attorneys ‘ fees and court costs and costs of any required or necessary repair, "cleanup or detoxification of the Property and the preparation and implementation of any closure, abatement, contalnment, remedial or other required plan), expenses and liability directly or indirectly arising out of or attributable to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any Hazardous Substances"). Tenant shall not allow , (c) the generation, storage or use violation of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled law, and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of (d) any Hazardous Substances being generatedclaims. As used in this paragraph 20, “Hazardous Substances” are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, “Environmental Law” means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or environmental protection. ADDITIONAL COVENANTS. Borrower and Lender xxxxxxx covenxxx xxd agree as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.follows: