Common use of Hazardous Waste Clause in Contracts

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted Materials; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or Building, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor), the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," Except as used in this Lease means pollutantsprovided below, contaminantsthe Borrower will not dispose of or suffer or permit to exist any hazardous material or oil on any site or vessel owned, toxic occupied or hazardous wastesoperated by the Borrower or any Subsidiary of the Borrower, nor shall the Borrower store (or permit any Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other substances, relevant jurisdiction). The Borrower shall provide the use and/or the removal Bank with written notice of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce intended storage or transport of any Hazardous Substance, except for such activities that are part hazardous material or oil by the Borrower or any Subsidiary of the ordinary course of Lessee's business activities (the "Permitted Activities")Borrower, provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage potential or known release or threat of release of any Hazardous Substances except hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the temporary Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of such materials that are their respective facilities or for vehicles or machinery used in the ordinary course of Lessee's business their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted Materials; (iii) no portion ordinary course of the Leased Premises respective business operations of the Borrower and its Subsidiaries in reasonable quantities, as long as in any case the Borrower or Building will be used the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable federal, state and local law relating to such use, storage or transportation, follows the protective and safety procedures that a landfill prudent businessperson conducting a business the same as or a dump; similar to that of the Borrower or such Subsidiary (ivas the case may be) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or Building, except for the Permitted Materialswould follow, and if so brought or found located thereon disposes of such materials (except for pre-existing conditions or matters caused by not consumed in the Lessor), the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose ordinary course) only through licensed providers of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consenthazardous waste removal services.

Hazardous Waste. The term "“Hazardous Substances," ” as used in this Lease means pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "“Environmental Law," ” which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's ’s business activities (the "“Permitted Activities"”), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by LessorLessor (not to be unreasonably withheld); Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's ’s business (the "“Permitted Materials"”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted COMMERCIAL LEASE Page 8 Materials; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; and (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or Building, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor), the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's ’s representative's ’s may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's ’s sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's ’s sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "“plan of action"”). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct act of Lessor, its agents, employees, or contractors. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessor represents that as of the date hereof and to the best of its knowledge, Lessor has not encumbered the Building with any Hazardous Materials in violation of law nor is any Hazardous Materials existing in the Building in violation of law. Upon request of Lessee, Lessor shall provide a copy of the environmental report for the property upon which the Building was built. Lessor shall indemnify and hold Lessee harmless of and from any loss, attorneys fees, expenses or claims arising out of the existence of any Hazardous Materials in the Building in violation of the law due to the acts of Lessor. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consentagency.

Hazardous Waste. (a) The term "“Hazardous Substances," ” as used in this Lease means pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "“Environmental Law," ” which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's ’s business activities (the "“Permitted Activities"”), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's ’s business (the "“Permitted Materials"”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted Materials; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; and (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or Building, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor), the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's ’s representative's ’s may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole ’s reasonable opinion, that said Permitted Materials are being improperly stored, used, or disposed ofof in violation of any Environmental Law, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's ’s sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "“plan of action"”). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Subject to Section 7.4, Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the gross negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous SubstancesSubstance," as used in --------------- this Lease means Lease, shall mean pollutants, petroleum, contaminants, infections, toxic or hazardous wasteswaste, asbestos, radioactive materials, polychlorinated biphenyls or any other substances, the use and/or materials or debris, the removal of which is required or the use use, handling, deposit, or storage of which is regulated, restricted, prohibited prohibited, regulated or penalized by any "Environmental Law," ", which term means shall mean any federal, state or local law, ordinance statute, ordinance, rule, code, regulation or other statute of a governmental requirement directly or quasi-governmental authority indirectly relating to pollution or protection of the environment. Lessee Except as consented to by Landlord pursuant to this Lease, Tenant hereby agrees covenants and agrees, for itself, its agents, contractors, subtenants and employees, that (i) no activity will be conducted on all or any part of the Leased Premises or balance of the project that will produce or cause the release of any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance Substances or otherwise violate or fail to comply with all any Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLaw; (ii) the Leased Premises and the balance of the Project will not be used in any manner for the storage (for any period of time whatsoever) of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsSubstances; (iii) no portion of the Leased Premises or Building balance of the Project will be used as a landfill or a dump; (iv) Lessee will not install any no underground or above ground tanks of any typetype will be installed on the Lease Premises or the balance or the Project; (v) Lessee will not allow any no surface or subsurface conditions to shall exist or come into existence that constitute, or with the passage of time may constitute constitute, a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto nuisance on the Leased Premises or Building, except for the Permitted Materials, balance of the Project; and if so (vi) no Hazardous Substances shall be brought onto or into the Leased Premises or balance of the Project. If any such Hazardous Substance is brought or found located thereon (except for pre-existing conditions in or matters caused by on the Lessor)Leased Premises, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required toby Tenant, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessorat Tenant's sole opinioncost and expense. If, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result conditions, or if Tenant shall, by act or omission, breach any of Lessees breach its obligations under this Section 28(u), an Event of Default shall exist. The provisions of this Section 28(u) shall survive the terms expiration or earlier termination of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means 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. Lessee Tenant hereby agrees that (i1) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency; (ii2) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsSubstances; (iii3) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv4) Lessee Tenant will not install any underground or above ground tanks of any type; (v5) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee 6)Tenant will not permit any Hazardous Substances to be brought onto into the Leased Premises or Building, except for the Permitted Materials, and if Premises. If any such Hazardous substance is so brought or found located thereon (except for pre-existing conditions in or matters caused by on the Lessor)Premises, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws, by Tenant, at Tenant’s sole expense. Lessor or Lessor's representative's mayIf, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term Term of the this Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result conditions, or if Tenant shall, by act or omission, breach any of Lessees breach of the terms of its obligations under this LeaseSection, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor harmless Landlord from any and all claims, demands, actions, liabilities, costscauses, expensesdamages, damages losses and obligations of any nature (including, without limitation, attorney’s fees and litigation costs) arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessorthereof. The foregoing indemnification and the responsibilities of Lessee shall survive the expiration or earlier termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," as used in this --------------- -------------------- Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall ----------------- mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to health, pollution or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted --------- Activities"), ) provided said such Permitted Activities are conducted in accordance with ---------- all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the any temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided ------------------- such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; and (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated by or subject to said such conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented which were caused by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous SubstancesTenant Party, Lessor must have (1) approved the natureTenant shall defend, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from therefrom or as a result thereof. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a materials safety data sheet (an "MSDS") was issued by the producers or ---- manufacturers thereof, together with copies of the use MSDS for such materials, and shall deliver such list and MSDS copies to Landlord upon Landlord's request therefor. Tenant shall remove all Permitted Materials from the Premises in a manner acceptable to Landlord before Tenant's right to possess the Premises is terminated. Unless expressly identified on an addendum to this Lease, as of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that date hereof there are no "Permitted Materials Activities" or "Permitted Materials" for purposes of the foregoing provision and none shall exist unless and until approved in writing by the Landlord. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be stored conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) which were caused by a Tenant Party, or that Tenant has not complied with the requirements set forth in this Section 25, in which case Tenant shall reimburse Landlord for the cost thereof within ten days after Landlord's request therefor. Landlord represents and warrants that to the best of its current actual knowledge there are no Hazardous Substances or upon other environmental contamination in, on or under the Leased Land, the Building or the Premises. In no event will Within three business days after its receipt thereof, Landlord shall have delivered to Tenant copies of any Permitted Materials be stored Phase I reports or other environmental reports or studies regarding the Land or the Building in or upon the Leased Premises without LessorLandlord's prior written consentpossession.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required presence or the use of which is regulated, restricted, restricted or prohibited or penalized by any "Environmental Law," which term means 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. Lessee Tenant hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of LesseeTenant's business activities and of which Landlord has been notified in writing (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by LessorLaws; Lessee Tenant shall obtain all required permits and pay all fees and conduct provide any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business and of which Landlord has been notified in writing (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by LessorLaws; Lessee Tenant shall obtain all any required permits and pay all any fees and conduct provide any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor Landlord or LessorLandlord's representative's may, representative have the right but are not required to, the obligation to enter the Leased Premises in accordance with Section 3.05 for the purpose of inspecting the storage, use and disposal of Permitted Materials inspection to ensure compliance with all Environmental Laws. Should it be determinedLandlord determine, in LessorLandlord's sole commercially reasonable opinion, that said any Hazardous Substances, including Permitted Materials Materials, are being improperly stored, used, or disposed of, or any Hazardous Activities are being improperly conducted, then Lessee Tenant shall immediately take such corrective action as requested required by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four ten (2410) hoursdays, Lessor has or such shorter period as may be necessary to avoid or prevent damage to the right Leased Premises, Landlord is entitled to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord for any and all commercially reasonable costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result conditions, due to the existence of Lessees breach of Hazardous Substances within the terms of this LeaseLeased Premises, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at LesseeTenant's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or BuildingPremises, Lessee Tenant shall submit to Lessor Landlord a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee Tenant begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor Landlord must have (1) approved approve the nature, scope and timing of the plan of action, and (2) approved approve any and all covenants and agreements to effect affect the plan of action. Lessee agrees Tenant represents and warrants to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents its actual knowledge that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consentagency.

Hazardous Waste. The term "“Hazardous Substances," ” as used in this Lease means pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required presence or the use of which is regulated, restricted, restricted or prohibited or penalized by any "“Environmental Law," ” which term means 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. Lessee Tenant hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's Tenant’s business activities and of which Landlord has been notified in writing (the "“Permitted Activities"”), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by LessorLaws; Lessee Tenant shall obtain all required permits and pay all fees and conduct provide any testing required by any governmental agency; (ii) the Leased Premises will not be used by Tenant, its agents, employees, contractors, invitees or licensees (each and collectively a “Tenant Party”) in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's Tenant’s business and of which Landlord has been notified in writing (the "“Permitted Materials") ”), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by LessorLaws; Lessee Tenant shall obtain all any required permits and pay all any fees and conduct provide any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used by Tenant (or any Tenant Party) as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor Landlord or Lessor's representative's may, Landlord’s representative have the right but are not required to, the obligation to enter the Leased Premises for the purpose Purpose of inspecting the storage, use and disposal of Permitted Materials inspection to ensure compliance with all Environmental Laws. Should it be determinedLandlord determine, in Lessor's sole Landlord’s opinion, that said any Hazardous Substances, including Permitted Materials Materials, are being improperly stored, used, or disposed of, or any Permitted Activities are being improperly conducted, then Lessee Tenant shall immediately take such corrective action as requested required by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has the right Landlord is entitled to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord for any and all costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions, and said conditions as a result of Lessees breach of did not exist on the terms of this LeaseCommencement Date, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's Tenant’s sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or BuildingPremises, Lessee Tenant shall submit to Lessor Landlord a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "“plan of action"”). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee Tenant begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor Landlord must have (1) approved approve the nature, scope and timing of the plan of action, and (2) approved approve any and all covenants and agreements to effect affect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means pollutantsLease, contaminantsshall mean any pollutant, contaminant, toxic or hazardous wasteswaste, radioactive material or any other substancessubstance, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (ia) no activity will be conducted on at the Leased Premises Building or Land that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency; (iib) neither the Leased Premises Building nor the Land will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business Substance; and (the "Permitted Materials"c) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted Materials; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee Tenant will not permit any Hazardous Substances Substance to be brought onto exist on the Leased Premises Building or Building, except for the Permitted Materials, Land and if so brought any Hazardous Substances currently exist or found located thereon exist at any time during the Lease Term or subsequent to the Lease Term (except for pre-existing conditions or matters caused by provided such existed during the Lessor), Lease Term) the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are and/or the Land is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasewith Hazardous Materials, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of the use any contamination of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessorand/or Land with Hazardous Substances. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," Except as used in this Lease means pollutantsprovided below, contaminantsthe Borrower will not dispose of or suffer or permit to exist any hazardous material or oil on any site or vessel owned, toxic occupied or hazardous wastesoperated by the Borrower or any Subsidiary of the Borrower, nor shall the Borrower store (or permit any Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (the terms “hazardous material”, “oil” and “vessel”, respectively, being used herein with the meanings given those terms in Mass. Gen. Laws. Ch. 21E or any comparable terms in any comparable statute in effect in any other substances, relevant jurisdiction). The Borrower shall provide the use and/or the removal Bank with written notice of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce intended storage or transport of any Hazardous Substance, except for such activities that are part hazardous material or oil by the Borrower or any Subsidiary of the ordinary course of Lessee's business activities (the "Permitted Activities")Borrower, provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage potential or known release or threat of release of any Hazardous Substances except hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the temporary Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of such materials that are their respective facilities or for vehicles or machinery used in the ordinary course of Lessee's business their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted Materials; (iii) no portion ordinary course of the Leased Premises respective business operations of the Borrower and its Subsidiaries in reasonable quantities, as long as in any case the Borrower of the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable federal, state and local law relating to such use, storage or Building will be used transportation, follows the protective and safety procedures that a prudent businessperson conducting a business the same as a landfill or a dump; similar t o that of the Borrower or such Subsidiary (ivas the case may be) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or Building, except for the Permitted Materialswould follow, and if so brought or found located thereon disposes of such materials (except for pre-existing conditions or matters caused by not consumed in the Lessor), the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose ordinary course) only through licensed providers of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consenthazardous waste removal services.

Hazardous Waste. The term "Hazardous Substances," as used in this --------------- -------------------- Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall ----------------- mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to health, pollution or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted --------- Activities"), ) provided said such Permitted Activities are conducted in accordance with ---------- all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the any temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided ------------------- such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; and (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated by or subject to said such conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented which were caused by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous SubstancesTenant Party, Lessor must have (1) approved the natureTenant shall defend, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from therefrom or as a result thereof. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a materials safety data sheet (an "MSDS") was ---- issued by the producers or manufacturers thereof, together with copies of the use MSDS for such materials, and shall deliver such list and MSDS copies to Landlord upon Landlord's request therefor. Tenant shall remove all Permitted Materials from the Premises in a manner acceptable to Landlord before Tenant's right to possess the Premises is terminated. Unless expressly identified on an addendum to this Lease, as of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that date hereof there are no "Permitted Materials Activities" or "Permitted Materials" for purposes of the foregoing provision and none shall exist unless and until approved in writing by the Landlord. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be stored conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) which were caused by a Tenant Party, or that Tenant has not complied with the requirements set forth in this Section 25, in which case Tenant shall reimburse Landlord for the cost thereof within ten days after Landlord's request therefor. Landlord represents and warrants that to the best of its current actual knowledge there are no Hazardous Substances or upon other environmental contamination in, on or under the Leased Land, the Building or the Premises. In no event will Within three business days after its receipt thereof, Landlord shall have delivered to Tenant copies of any Permitted Materials be stored Phase I reports or other environmental reports or studies regarding the Land or the Building in or upon the Leased Premises without LessorLandlord's prior written consentpossession.

Hazardous Waste. The term "Hazardous Substances," ", as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," ENVIRONMENTAL LAW", which term means shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to pollution health, pollution, or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencySubstances; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage de minimis quantities of such materials that are general office supplies customarily used by office tenants in the ordinary course of LesseeTenant's business their business, such as copier toner, liquid paper, glue, ink and cleaning solvents (the "Permitted MaterialsPERMITTED MATERIALS") ), provided such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLaws; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee Tenant will not allow cause any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; and (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said such conditions as a result of Lessees breach Tenant's use of the terms Premises or breach of this Lease, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Buildingdefend, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises by Tenant. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or Building by Lessee that Tenant has not complied with the requirements set forth in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from 25, in which case Tenant shall reimburse Landlord for the negligence or willful misconduct of Lessorreasonable cost thereof within ten days after Landlord's request therefor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of Nothing in this Lease. Lessee represents that it has not been previously cited Section shall require Tenant to indemnify Landlord for any environmental violations matters arising out of or caused by any applicable governmental agency and that there are no Permitted Materials to be stored in the actions or upon the Leased Premises. In no event will any Permitted Materials be stored in omissions of Landlord, its employees, agents, contractors, licensees, or upon the Leased Premises without Lessor's prior written consentinvitees.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to pollution health, pollution, or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), ) provided said such Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits Landlord (Tenant's current use of the Premises as a data center and pay all fees and conduct any testing required offices, together with the use of the Equipment Yard Area, are hereby approved by any governmental agencyLandlord); (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type, except as contemplated in the Tenant Work; (ve) Lessee 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 private nuisance; and (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking by any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required caused by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous SubstancesTenant Party, Lessor must have (1) approved the natureTenant shall defend, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises by Tenant. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a material safety data sheet (an "MSDS") was issued by the producers or manufacturers thereof, together with copies of the MSDS's for such materials, and shall deliver such list and MSDS copies to Landlord upon Landlord's request therefor. Tenant shall remove all Permitted Materials from the Premises in a manner reasonably acceptable to Landlord before Tenant's right to possess the Premises ends. Upon not less than five (5) business days prior written notice, Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or that Tenant has not complied with the requirements set forth in this Section 25 in which case Tenant shall reimburse Landlord for the cost thereof within ten business days after Landlord's request therefor. Landlord represents and warrants that, as of the date it delivers the Building by Lessee Shell, there shall be no Hazardous Substances located on or about the Building or the Land. Landlord shall defend, indemnify and hold Tenant harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the existence of any Hazardous Substances on or about the Building or the land, which existed thereof prior to the date Landlord delivered the Building Shell to Tenant. Landlord will provide Tenant with a copy of the Phase I Environmental Site Assessment report dated December 31, 1997. To Landlord's current, actual knowledge, except as may be reflected in the above referenced Phase I Environmental Site Assessment report, as of the execution date of this Lease, no Hazardous Substances are located in, on, or under the Land, Building, or Premises in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consentEnvironmental Law.

Hazardous Waste. The term "Hazardous SubstancesHAZARDOUS SUBSTANCES," as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental LawENVIRONMENTAL LAW," which term means shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to pollution health, pollution, or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted ActivitiesPERMITTED ACTIVITIES"), ) provided said such Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the any temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted MaterialsPERMITTED MATERIALS") provided such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter ; (g) Tenant will maintain on the Leased Premises a list of all materials stored at the Premises for which a material safety data sheet (an "MSDS") was issued by the purpose producers or manufacturers thereof, together with copies of inspecting the storageMSDS's for such materials, use and disposal of shall deliver such list and MSDS copies to Landlord upon Landlord's request therefor; and (h) Tenant shall remove all Permitted Materials from the Premises in a manner acceptable to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord before Tenant's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said workpossess the Premises is terminated. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasesuch conditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Buildingdefend, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of Unless expressly identified on an addendum to this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that , as of the date hereof there are no "Permitted Materials Activities" or "Permitted Materials" for purposes of the foregoing provision and none shall exist unless and until approved in writing by the Landlord. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may reasonably require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be stored conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or that Tenant has not complied with the requirements set forth in or upon this Section 25, in which case Tenant shall reimburse Landlord for the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessorcost thereof within ten days after Landlord's prior written consentrequest therefor.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any currently effective federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, which approval shall obtain all not be unreasonably withheld, conditioned or delayed, and, in connection therewith, Tenant shall be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, which approval shall obtain all not be unreasonably withheld, conditioned or delayed, and, in connection therewith, Tenant shall be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorLandlord hereby consents to Tenant's representativeuse, storage and disposal of the substances listed on the attached EXHIBIT "E" and agrees that such substances are additional "Permitted Materials" as such term is used herein, provided that Tenant comply with the terms of this paragraph 13 in the storage, use and disposal of such additional Permitted Materials. Landlord and Landlord's may, representatives shall have the right but are not required to, the obligation to enter the Leased Premises pursuant to the terms of paragraph 14 for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole reasonable, good faith opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as reasonably requested by LessorLandlord. Should Lessee Tenant fail to take commence such corrective action within twenty-four (24) hourshours of Landlord's request to Tenant to do so and thereafter diligently prosecute the same to completion, Lessor has Landlord shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.perform

Hazardous Waste. The term "Hazardous Substances," ", as used in this Lease means lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," ", which term means 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. Lessee Tenant hereby agrees that (iA) no activity will be conducted on the Leased Premises premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), ) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (iiB) the Leased Premises premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly property stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iiiC) no portion of the Leased Premises or Building premises will be used as a landfill or a dump; (ivD) Lessee will not install any underground or above ground tanks of any type; (vE) Lessee will not allow any surface or subsurface conditions to exist exit or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (viF) Lessee will not permit any Hazardous Substances to be brought onto into the Leased Premises or Buildingpremises, except for the Permitted Materialsmaterials described above, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, representative shall have the right but are not required to, the obligation to enter the Leased Premises premises for the purpose of inspecting the ALANORTH, L.L.C. OFFICE LEASE 1 storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective correction action as requested required by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) 24 hours, Lessor has shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Leaselease, the Leased Premises or Building premises are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any cost and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, and obligations of any nature arising from or as a result of the use of the Leased Premises or Building premises by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorLessee. The foregoing indemnification and the responsibilities responsibility of Lessee shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local lawstatue, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee Tenant will not allow any surface or subsurface conditions to exist exists or come into existence that constitute, or with the passage of time may constitute , a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or Building, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must same, shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorLandlord and Landlord's representative's may, representative shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose Purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasewith Hazardous Substances, Lessee Tenants shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of any contamination of the Premises with Hazardous Substances, or otherwise arising from the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "“Hazardous Substances," ” as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "“Environmental Law," ” which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of Lessee's Tenant’s business activities (the "“Permitted Activities"”), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of Lessee's Tenant’s business (the "“Permitted Materials") ”), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or Lessor's representative's may, Landlord and Landlord’s representatives shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's Landlord’s sole opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasewith Hazardous Substances, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at Lessee's Tenant’s sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of any contamination of the Premises with Hazardous Substances, or otherwise arising from the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents Landlord shall deliver written notice to Tenant if, on or after the Commencement Date other tenants of the Project use Hazardous Substances in their premises with the consent or knowledge of Landlord. Landlord, however, shall not be required to provide notice to Tenant of the use or existence of Hazardous Substances that it has not been previously cited for any environmental violations consist of customary cleaning supplies, office products or other materials used by any applicable governmental agency and that there are no Permitted Materials to be tenant in the ordinary course of such tenant’s business, unless Landlord becomes aware of such items being used or stored in violation of applicable environmental laws or upon if the Leased Premisesuse or storage of such items otherwise require the consent of Landlord under such tenant’s lease. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent14.

Hazardous Waste. The term "“Hazardous Substances," Materials”, as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "an “Environmental Law," ”, which term means 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. Lessee Tenant hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's for Tenant’s business activities (the "“Permitted Activities"), ”) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by LessorLandlord; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's Tenant’s business (the "“Permitted Materials"”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by LessorLandlord; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 Leased Premises that constitute, constitute or with the passage of time may constitute a public or private nuisance; (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted MaterialsMaterials described below, or hereafter approved in writing by Landlord and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor Landlord or Lessor's representative's may, Landlord’s representative shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose purposes of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's Landlord’s sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-twenty four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result conditions, and such contamination is caused by Tenant or the conduct of Lessees breach of its business on the terms of this LeasePremises, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's Tenant’s sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify indemnify, save and hold Lessor Landlord harmless from all and against claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises by Tenant, and regardless of whether or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions not Landlord is found to be solely, concurrently, or matters resulting from the negligence or willful misconduct of Lessorjointly negligent with Tenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has Anything contained herein to the contrary notwithstanding, Landlord shall not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials unreasonably withhold its consent with respect to be stored in the use, storage, generation or upon the Leased Premises. In no event will any Permitted Materials be stored in manufacturing of Hazardous Substances on or upon about the Leased Premises without Lessor's prior written consentprovided same is done in the ordinary course of Tenant’s business, and in compliance with all environmental laws.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means 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. Lessee Tenant hereby agrees that (i1) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency; (ii2) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsSubstances; (iii3) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv4) Lessee Tenant will not install any underground or above ground tanks of any type; (v5) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee 6)Tenant will not permit any Hazardous Substances to be brought onto into the Leased Premises or Building, except for the Permitted Materials, and if Premises. If any such Hazardous substance is so brought or found located thereon (except for pre-existing conditions in or matters caused by on the Lessor)Premises, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws, by Xxxxxx, at Xxxxxx’s sole expense. Lessor or Lessor's representative's mayIf, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term Term of the this Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result conditions, or if Tenant shall, by act or omission, breach any of Lessees breach of the terms of its obligations under this LeaseSection, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor harmless Landlord from any and all claims, demands, actions, liabilities, costscauses, expensesdamages, damages losses and obligations of any nature (including, without limitation, attorney’s fees and litigation costs) arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessorthereof. The foregoing indemnification and the responsibilities of Lessee shall survive the expiration or earlier termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," ", as used in this Lease means lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the use, storage, handling, disposal, transportation or removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," ", which term means shall mean any federal, state or local local, law, ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment and shall specifically include, but not be limited to, any "hazardous substance" as that term is defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and any amendments or successors in function thereto. Lessee Tenant hereby agrees that (i1) no activity will be conducted on the Leased Premises premises that will produce any Hazardous Substance, except for "such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), ) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Laws, Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii2) the Leased Premises premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by LessorLaw; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii3) no portion of the Leased Premises or Building premises will be used as a landfill or a dump; (iv4) Lessee Tenant will not install any underground or above ground tanks of any type; (v5) Lessee 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 private nuisance; (vi6) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or Buildingpremises, except for the Permitted MaterialsMaterials described below or upon written permission from Landlord, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor Landlord or LessorLandlord's representative's may, representative shall have the right but are not required to, the obligation to enter the Leased Premises premises for the purpose purposes of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, used or disposed ofor, then Lessee Tenant shall immediately take such corrective action as requested by Lessoraction. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hourshors, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are prmises is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.Tenant shall

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," ", which term means shall mean any federal, state or local law, ordinance or other statute of a or any applicable governmental or quasi-governmental authority relating to pollution or protection of the environment. Lessee Tenant hereby agrees that (iI) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of LesseeTenant's business activities and/or the ordinary course of operations and maintaining the Premises (the "Permitted ActivitiesPERMITTED ACTIVITIES"), provided said the Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, and Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business Permitted Materials (the "Permitted Materials") defined below), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee Landlord, and Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee Tenant will not allow any surface take actions or subsurface conditions to exist or come into existence conduct its operations in a manner that constitute, or with the passage of time may constitute a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, Materials and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must be immediately removedTenant shall notify Landlord and Landlord and Tenant shall come to a reasonable plan as to how to store, hand and/or dispose of such Hazardous Substances and Tenant shall diligently implement such plan, in accordance with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws; provided, however, that in the event of a disagreement regarding same, Landlord shall have the right, at its option, to make all final decisions. Lessor Landlord or LessorLandlord's representative's may, representative shall have the right but are not required to, the obligation to enter the Leased Premises in accordance with Section 7.c of this lease, for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole opinion, that said the Permitted Materials are being improperly stored, used, or disposed of, then Lessee Tenant shall immediately take such reasonable corrective action as requested by LessorLandlord. Should Lessee fail Tenant fails to take such corrective action within twenty-four (24) hoursa reasonable period of time given the nature of such hazard, Lessor has Landlord shall have the right to perform such necessary work and Lessee Tenant shall promptly reimburse Lessor Landlord within thirty (30) days following written demand by Landlord for any and all actual costs associated with said worktherewith. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at LesseeTenant's sole cost. Before taking any action , provided, however, that in the event of a disagreement regarding same, Landlord shall have the right, at its option, to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and make all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of actionfinal decisions, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to Tenant shall indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises by Tenant (including, without limitation, those arising from Landlord's joint, comparative, or Building by Lessee in violation of this Section 3.06 concurrent negligence with any party, but excluding pre-existing conditions Landlord's intentional acts or matters resulting from the sole or gross negligence). The negligence with any party, but excluding Landlord's intentional acts or willful misconduct of Lessorsole or gross negligence). The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no The Permitted Materials are: construction materials that now comprise a portion of the Building, routine office supplies (including, without limitation, liquid paper and copier toner), cleaning solvents and supplies, jewelry repair materials, fertilizer and landscaping chemicals. Tenant acknowledges the presence of underground tanks on the Premises, hereby agrees to register same as required by law, indemnifies and holds harmless Landlord with respect to such tanks, and shall promptly remove same from the Premises under Landlord's supervision and direction, so long as Landlord pays the costs of such removal (which costs are to be stored approved in or upon the Leased Premiseswriting by Landlord in advance). In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consentLANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANTS INTENDED COMMERCIAL PURPOSE, AND TENANTS OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, SETOFF, DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED.

Hazardous Waste. The term "Hazardous Substances," ", as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," ", which term means 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. Lessee Tenant hereby agrees that (iA) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), ) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by LessorLandlord; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (iiB) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by LessorLandlord; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iiiC) no portion of the Leased Premises or Building will be used by Tenant its agents or invitees as a landfill or a dump; (ivD) Lessee Tenant will not install any underground or above ground tanks of any type; (vE) Lessee 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 private nuisance; (viF) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted MaterialsMaterials described above, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor Subject to the restrictions contained in Section 3.03 hereof, Landlord or LessorLandlord's representative's may, representative shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole reasonable opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee Tenant shall immediately take such corrective action as reasonably requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours72 hours or such shorter period as is required, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord for any and all costs actually incurred by Landlord associated with said work. If at any time during or after the term of the LeaseLease Term, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee and such condition shall have been caused by Tenant, Tenant shall diligently institute proper and thorough cleanup procedures at LesseeTenant's sole cost. Before taking , and Tenant agrees to indemnify, defend and hold harmless Landlord, its lenders, any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating managing agents and leasing agents of the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of actionPremises, and (2) approved any their respective agents, partners, officers, directors and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless employees, from all claims, demands, actions, liabilities, costs, expenses, damages (actual or punitive) and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency During the Lease Term, each of Landlord and that there are no Permitted Materials Tenant shall promptly provide to be stored in the other party copies of all summons, citations, directives, information inquiries or upon the Leased Premises. In no event will any Permitted Materials be stored in requests, notices of potential responsibility, notices of violation or upon the Leased Premises without Lessor's prior written consent.deficiency, orders or decrees, claims, complaints, investigations, judgments, letters, notice of

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Limited to its actions only, Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, which approval shall obtain all not be unreasonably withheld or delayed and, in connection therewith, Tenant shall be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, which such approval shall obtain all not be unreasonably withheld or delayed, and, in connection therewith, Tenant shall be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorUpon prior notice during normal business hours, Landlord and Landlord's representative's may, representatives shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasewith Hazardous Materials, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or BuildingTENANT AGREES TO INDEMNIFY AND HOLD LANDLORD HARMLESS FROM ALL CLAIMS, Lessee shall submit to Lessor a plan of actionDEMANDS, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action")ACTIONS, LIABILITIES, COSTS, EXPENSES, DAMAGES, PENALTIES AND OBLIGATIONS OF ANY NATURE ARISING FROM OR AS A RESULT OF ANY CONTAMINATION OF THE PREMISES WITH HAZARDOUS SUBSTANCES BY TENANT, OR OTHERWISE ARISING FROM THE USE OF THE PREMISES BY TENANT. Such plan of action must be implemented by a licensed environmental contractorTHE FOREGOING INDEMNIFICATION AND THE RESPONSIBILITIES OF TENANT SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor3 Landlord's prior written consent.Initials _____ Tenant's Initials _____

Hazardous Waste. The term "Hazardous Substances," ", as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of 11 which term shall mean any federal, state or local law, which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means any federal, state or local lawLaw , ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environment. Lessee Tenant hereby agrees that (iA) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), ) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by LessorLandlord; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agencyagency for the Permitted Activities; (iiB) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by LessorLandlord; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialstherewith; (iiiC) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivD) Lessee Tenant will not install any underground or above ground tanks of any type; (vE) Lessee Tenant will not allow cause any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (viF) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted MaterialsMaterials described above or those utilized or brought onto the Leased Premises by Landlord or its agents, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor Landlord or LessorLandlord's representative's may, representative shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) 24 hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord for any and all costs associated with said work. If at any time during or after the term of the LeaseLease Term, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at LesseeTenant's sole cost. Before taking , and Tenant agrees to indemnify, defend and hold harmless Landlord, its lenders, any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating managing agents and leasing agents of the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of actionPremises, and (2) approved any their respective agents, partners, officers, directors and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless employees, from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee Tenant in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessorany Environmental Laws. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for During the Lease Term, each party shall promptly provide the other with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices of violation or deficiency, orders or decrees, claims, complaints, investigations, judgments, letters, notice of environmental liens, and other communications, written or oral, actual or threatened, from the United States Environmental Protection Agency, Occupational Safety and Health Administration, the State of Indiana Environmental Protection Agency or other federal, state, or local agency or authority, or any environmental violations by other entity or individual, concerning (i) any applicable governmental agency and that there are no Permitted Materials to be stored in or upon Hazardous Substance on the Leased Premises. In no event will ; (ii) the imposition of any Permitted Materials be stored in or upon lien on the Leased Premises without Lessor's prior written consentPremises, or (iii) any alleged violation of or responsibility under any Environmental Law.

Hazardous Waste. The term "“Hazardous Substances," ” as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "“Environmental Law," ” which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of Lessee's Tenant’s business activities (the "“Permitted Activities"”), provided said Permitted Activities are conducted in accordance with all Environmental Laws and Tenant shall have been approved notified Landlord of such activities and, in advance in writing by Lessor; Lessee connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of Lessee's Tenant’s business (the "“Permitted Materials") ”), provided such Permitted Materials are properly stored in a manner and location Initial Illegible Date 6/6/96 meeting all Environmental Laws and approved Laws, and, in advance in writing by Lessor; Lessee connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or Lessor's representative's may, Landlord and Landlord’s representatives shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Laws Should it be determined, in Lessor's sole opiniondetermined by a court of competent jurisdiction, that said any Permitted Materials are being improperly stored, used, used or disposed of, in violation of Environmental Laws, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions with Hazardous Substances as a result of Lessees breach of the terms of this LeaseTenant’s operations, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at Lessee's Tenant’s sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee cost Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of any contamination by it of the Premises with Hazardous Substances, or otherwise arising from the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents The Landlord recognizes and accepts the fact that it has not been previously cited for Tenant uses nitric acid and other corrosive and hazardous materials as part of its cleaning and manufacturing process Tenant agrees to provide Landlord on or before the Lease Commencement Date, and thereafter as the list changes, a list of Hazardous Substances that Tenant uses in its manufacturing and cleaning processes Tenant agrees to continue to comply with TNRCC and other government regulations regarding the use of all hazardous materials To evidence such environmental compliance, at Landlord’s request Tenant will furnish Landlord a copy of any of the reports that they have submitted to any government entity. The Landlord, at its sole cost and expense, reserves the right to retain an environmental violations by any applicable governmental agency and that there are no Permitted Materials consultant to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consentmonitor Tenant’s handling of hazardous waste to ensure compliance with environmental laws.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local law, law or ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environment. Lessee Tenant hereby agrees that (i) no activity will be conducted on the Leased Premises premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities that are part of the ordinary course of Tenant's business (the "Permitted permitted Activities"), ) provided said Permitted Activities are conducted in accordance with all Environmental Environment Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (ii) the Leased Premises premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Environment Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iii) no portion of the Leased Premises or Building premises will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee Tenant will not allow any surface or subsurface conditions to exist or come into onto existence that constitute, or with the passage of time may constitute constitute, a public or private nuisance; (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or Buildingpremise, except for the Permitted MaterialsMaterials described below, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Environment Laws. Lessor or Lessor's representative's mayIf, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Leaselease, the Leased Premises or Building are premises is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify Indemnity and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building premises by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Leaselease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent"See Exhibit "D".

Hazardous Waste. The term "Hazardous Substances," as used in this --------------- -------------------- Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall ----------------- mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to pollution health, pollution, or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted --------- Activities"), ) provided said such Permitted Activities are conducted in accordance with ---------- all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the any temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided ------------------- such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises Building or Building the Land will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises Building or Buildingthe Land, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter ; (g) Tenant will maintain on the Leased Premises a list of all materials stored at the Premises for which a material safety data sheet (an "MSDS") was issued by the purpose producers or manufacturers ---- thereof, together with copies of inspecting the storageMSDS's for such materials, use and disposal of shall deliver such list and MSDS copies to Landlord upon Landlord's request therefor; and (h) Tenant shall remove all Permitted Materials from the Premises in a manner acceptable to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord before Tenant's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said workpossess the Premises is terminated. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasesuch conditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Buildingdefend, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing Tenant, except for any conditions or matters resulting from the negligence or willful misconduct of Lessorcontamination caused by Landlord. The foregoing indemnification and the responsibilities of Lessee indemnity shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that Unless expressly identified on an addendum to this Lease, as of the date hereof there are no "Permitted Materials Activities" or "Permitted Materials" for purposes of the foregoing provision and none shall exist unless and until approved in writing by the Landlord. Landlord may enter the Premises Initials LJH ------- ------- Date 3/22/00 ------- ------- 11 and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be stored conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or that Tenant has not complied with the requirements set forth in this Section 25, in which case Tenant shall reimburse Landlord for the cost thereof within ten days after Landlord's request therefor. Landlord shall not use or store any hazardous substance in or upon about the Leased Premises. In no event will any Permitted Materials be stored Building and Land unless such hazardous substance is used or stored, transported and handled in or upon the Leased Premises without Lessor's prior written consentaccordance with Law.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by LessorLaws; Lessee shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by LessorLaws; Lessee shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any type; (v) Lessee will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute constitute, a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted MaterialsMaterials described below, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, representative shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested required by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) 24 hours, Lessor has shall have the right to perform such work work, and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws hazardous material laws or to clean up Hazardous Substances hazardous materials contaminating the Leased Premises or BuildingPremises, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law hazardous material law to be submitted to a governmental authority (collectively collectively, a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws hazardous material laws or to clean up contamination from Hazardous Substanceshazardous materials, Lessor must shall have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorLessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "“Hazardous Substances," ” as used in this Lease means pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required presence or the use of which is regulated, restricted, restricted or prohibited or penalized by any "“Environmental Law," ” which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises that will use or produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's ’s business activities (the "“Permitted Activities"”), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor, provided, no such approval shall be required with respect to any existing generators or new generators installed within the Leased Premises in the future; Lessee shall obtain all required permits and pay all fees Rent and conduct provide any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's ’s business (the "“Permitted Materials") ”), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and any Permitted Materials not currently utilized by Lessee shall be submitted to Lessor and approved in advance in writing by Lessor, such approval not to be unreasonably withheld, delayed or conditioned; Lessee shall obtain all any required permits and pay all fees any Rent and conduct provide any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any typetype not in compliance with Environmental Law; (v) Lessee 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 private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may’s representative shall have the right, but are not required tothe obligation, upon compliance with Lessee’s security procedures, to enter the Leased Premises upon at least 72 hours prior notice for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determinedLessor determine, in Lessor's sole ’s commercially reasonable opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested required by Lessorapplicable Environmental Laws. Should Lessee fail to take such corrective action within twenty-four (24) hoursa commercially reasonable time, Lessor has the right is entitled to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of Term, it is determined that the Lease, Lessee contaminated the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this LeasePremises, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's ’s sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or BuildingPremises, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively collectively, a "plan “Plan of action"Action”). Such plan Plan of action Action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and The obligations of any nature arising from or Lessee as a result of the use of the Leased Premises or Building by Lessee specified in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee shall survive the expiration or other termination or expiration of this Lease. Lessee represents and warrants that it has not been previously cited for any environmental violations by any applicable governmental agency agency. Lessor represents and warrants that there are Lessor has no Permitted Materials to be stored in knowledge of any past or upon existing violation of any Environmental Laws or the Leased Premises. In no event will existence of any Permitted Materials be stored in contamination on, under, at or upon around the Leased Premises without Lessor's prior written consentBuilding.

Hazardous Waste. The term "Hazardous Substances," as used in this --------------- -------------------- Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall ----------------- mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to pollution health, pollution, or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises and Truck Park that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), ) provided said such Permitted Activities are conducted -------------------- in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (iib) the Leased Premises and Truck Park will not be used in any manner for the storage of any Hazardous Substances except for the any temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided such Permitted Materials are ------------------- properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises or Building and Truck Park will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; and (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or Buildingand Truck Park, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building and Truck Park are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasesuch conditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Buildingdefend, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises and Truck Park by Tenant and Tenant, or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessora Tenant Party, caused such conditions. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of Unless expressly identified on an addendum to this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that , as of the date hereof there are no "Permitted Materials Activities" or "Permitted Materials" for purposes of the foregoing provision and none shall exist unless and until approved in writing by the Landlord. Landlord may enter the Premises and Truck Park and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be stored conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or that Tenant has not complied with the requirements set forth in or upon this Section 25, in which case Tenant shall reimburse Landlord for the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessorcost thereof within ten days after Landlord's prior written consentrequest therefor.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Limited to its actions only, Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, which approval shall obtain all not be unreasonably withheld or delayed and, in connection therewith, Tenant shall be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, which such approval shall obtain all not be unreasonably withheld or delayed, and, in connection therewith, Tenant shall be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorUpon prior notice during normal business hours, Landlord and Landlord's representative's may, representatives shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any Tenant's Initials _____ and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasewith Hazardous Materials, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or BuildingTENANT AGREES TO INDEMNIFY AND HOLD LANDLORD HARMLESS FROM ALL CLAIMS, Lessee shall submit to Lessor a plan of actionDEMANDS, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action")ACTIONS, LIABILITIES, COSTS, EXPENSES, DAMAGES, PENALTIES AND OBLIGATIONS OF ANY NATURE ARISING FROM OR AS A RESULT OF ANY CONTAMINATION OF THE PREMISES WITH HAZARDOUS SUBSTANCES BY TENANT, OR OTHERWISE ARISING FROM THE USE OF THE PREMISES BY TENANT. Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consentTHE FOREGOING INDEMNIFICATION AND THE RESPONSIBILITIES OF TENANT SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE.

Hazardous Waste. The term "“Hazardous Substances," ”, as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or and or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "“Environmental Law," ”, which term means 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. Lessee Tenant hereby agrees that (iA) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's Tenant’s business activities (the "“Permitted Activities"), ”) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by LessorLandlord; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (iiB) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's Tenant’s business (the "“Permitted Materials"”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by LessorLandlord; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iiiC) no portion of the Leased Premises or Building will be used by Tenant its agents or invitees as a landfill or a dump; (ivD) Lessee Tenant will not install any underground or above ground tanks of any type; (vE) Lessee 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 private nuisance; (viF) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted MaterialsMaterials described above, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor Subject to the restrictions contained in Section 3.03 hereof, Landlord or Lessor's representative's may, Landlord’s representative shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole Landlord’s reasonable opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee Tenant shall immediately take such corrective action as reasonably requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours72 hours or such shorter period as is required, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord for any and all costs actually incurred by Landlord associated with said work. If at any time during or after the term of the LeaseLease Term, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee and such condition shall have been caused by Tenant, Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's Tenant’s sole cost. Before taking , and Tenant agrees to indemnify, defend and hold harmless Landlord, its lenders, any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating managing agents and leasing agents of the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of actionPremises, and (2) approved any their respective agents, partners, officers, directors and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless employees, from all claims, demands, actions, liabilities, costs, expenses, damages (actual or punitive) and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for During the Lease Term, each of Landlord and Tenant shall promptly provide to the other party copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices of violation or deficiency, orders or decrees, claims, complaints, investigations, judgments, letters, notice of environmental liens, and other communications, written or oral, actual or threatened, from the United States Environmental Protection Agency, Occupational Safety and Health Administration, the State of Indiana Environmental Protection Agency or other federal, state, or local agency or authority, or any environmental violations by other entity or individual, concerning (i) any applicable governmental agency Hazardous Substance and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will ; (ii) the imposition of any Permitted Materials be stored in or upon lien on the Leased Premises without Lessor's prior written consentPremises, or (iii) any alleged violation of or responsibility under any Environmental Law.

Hazardous Waste. The term "“Hazardous Substances," Materials”, as used in this Lease means lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "“Environmental Law," ”, which term means 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. Lessee Tenant hereby agrees that (iA) no activity will be conducted on the Leased Premises premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's Tenant’s business activities (the "“Permitted Activities"), ”) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by LessorLandlord; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (iiB) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's Tenant’s business (the "“Permitted Materials"”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by LessorLandlord; Lessee Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iiiC) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivD) Lessee Tenant will not install any underground or above ground tanks of any type; (vE) Lessee 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 private nuisance; (viF) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted MaterialsMaterials described above, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor Landlord or Lessor's representative's may, Landlord’s representative shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, determined that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) 24 hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord for any and all costs associated with said work. If at any time during or after the term of the LeaseLease Term, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's Tenant’s sole cost. Before taking , and Tenant agrees to indemnify, defend and hold harmless Landlord, its lenders, any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any managing agents and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing leasing agents of the plan of actionPremises, and (2) approved any their respective agents, partners, officers, directors and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless employees, from all claims, demands, actions, liabilities, costs, expenses, damages (actual or punitive) and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration expiring of this Lease. Lessee represents that it has not been previously cited for During the Lease Term, Tenant shall promptly provide Landlord with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices of violation or deficiency, orders and decrees, claims, complaints, investigations, judgments, letters, notice of environmental liens, and other communications, written or oral, actual or threatened, from the United States Environmental Protection Agency, Occupational Safety and Health Administration, The environmental protection agency of the State where the property is located or other federal, state or local agency or authority, or any environmental violations by other entity or individual, concerning (i) any applicable governmental agency Hazardous Substance and that there are no Permitted Materials to be stored in the Premises; (ii) the imposition of any lien on the Premises; or upon the Leased Premises. In no event will (iii) any Permitted Materials be stored in alleged violation of or upon the Leased Premises without Lessor's prior written consentresponsibility under any Environmental Law.

Hazardous Waste. The term "Hazardous Substances," HAZARDOUS SUBSTANCES", as used in this --------------- -------------------- Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law,ENVIRONMENTAL LAW" which term means shall ----------------- mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to pollution health, pollution, or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted ActivitiesPERMITTED --------- ACTIVITIES"), ) provided said such Permitted Activities are conducted in accordance with ---------- all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLaws; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted MaterialsPERMITTED MATERIALS") ------------------- provided such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLaws; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; and (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasesuch conditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Buildingdefend, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises by a Tenant Party. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a material safety data sheet (an "MSDS") was issued by the producers or Building by Lessee manufacturers thereof, together ---- with copies of the MSDS's for such materials, and shall deliver such list and MSDS copies to Landlord upon Landlord's request therefor. Except for Landlord Hazardous Substances (defined below), Tenant shall remove all Permitted Materials and other Hazardous Substances from the Premises in violation a manner acceptable to Landlord before the earlier of the date Tenant vacates the Premises and the date Tenant's right to possess the Premises ends. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials and Landlord Hazardous Substances) or that Tenant has not complied with the requirements set forth in this Section 3.06 but excluding pre-existing conditions 25, in which case Tenant shall reimburse Landlord for the cost thereof within ten days after Landlord's request therefor. Notwithstanding the foregoing, within 30 days after Tenant vacates the Premises, Tenant shall, at its expense, deliver to Landlord a Phase 1 environmental report prepared by a reputable environmental engineer reasonably acceptable to Landlord (and, if such report indicates the need for a Phase 11 report or matters resulting other reports, such additional reports prepared by such an engineer) indicating that no Hazardous Substances exist on the Property. If any such report reveals that any hazardous Substances (other than Landlord Hazardous Substances) exist on the Property, Tenant shall remove all such substances in a manner acceptable to Landlord in its sole discretion. Landlord shall be responsible for all Hazardous Substances located on the Property on the Commencement Date which were not placed on the property by a Tenant Party and all Hazardous Substances placed on the Premises by Landlord or its agents, contractors or employees (collectively, "LANDLORD HAZARDOUS ------------------ SUBSTANCES"). Additionally, if Tenant is prohibited from using the negligence or willful misconduct Premises for ---------- three consecutive business days because of Lessor. The foregoing indemnification the presence of any Landlord Hazardous Substances which could reasonably be expected to pose a health risk to the occupants of the Premises and Tenant ceases using the responsibilities of Lessee survive Premises as a result thereof, then Tenant's obligation to pay Base Rent and Operating Expenses shall be abated until such time as Tenant may reasonably use the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. (a) The term "Hazardous Substances," ", as ---------------- used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," ", which term means 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 environmentenvironment and applicable to the Building, Common Areas and the Leased Premises. Lessee Tenant hereby agrees that (i) no activity will be conducted on the Leased Premises by Tenant that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), ) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by LessorLandlord; Lessee (ii) Tenant shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (iiiii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws Laws; and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted Materials; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted MaterialsMaterials described above, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous SubstancesHAZARDOUS SUBSTANCES," as used in this --------------- -------------------- Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental LawENVIRONMENTAL LAW," which term means ----------------- shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to health, pollution or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted ActivitiesPERMITTED ACTIVITIES"), ) provided said such Permitted Activities are conducted in -------------------- accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the any temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted MaterialsPERMITTED MATERIALS") provided such Permitted Materials are properly stored in ------------------- a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; and (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasesuch conditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Buildingdefend, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises by Tenant. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a material safety data sheet (an "MSDS") was issued by the ---- producers or Building by Lessee in violation manufacturers thereof, together with copies of this Section 3.06 but excluding pre-existing conditions or matters resulting the MSDS's for such materials and shall deliver such lists and MSDS copies to Landlord upon Landlord's request therefor. Tenant shall remove all Permitted Materials from the negligence or willful misconduct of LessorPremises in a manner acceptable to Landlord before Tenant's right to possess the Premises ends. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of Unless expressly identified on an addendum to this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that , as of the date hereof there are no "Permitted Materials Activities" or "Permitted Materials" for purposes of the foregoing provision and none shall exist unless and until approved in writing by the Landlord. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be stored conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or that Tenant has not complied with the requirements set forth in this Section 25, in which case Tenant shall reimburse Landlord for the cost thereof within ten days after Landlord's request therefor. Landlord shall be responsible for any violation of Environmental Laws on the Premises which are solely caused by Landlord, its agents, or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consentemployees.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental quasi -governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct Providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken udertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorLandlord and Landlord's representative's may, representatives shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all reasonable costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated with Hazardous Substances due to Tenant's use or subject to said conditions as a result of Lessees breach occupancy of the terms of this LeasePremises, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor INDEMNIFY AND HOLD Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature NATURE arising from or as a result of any contamination of the Premises with Hazardous Substances, or otherwise arising from the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it To the best of Landlord's knowledge (i) no Hazardous Substances are located in, on or under the Land or the Building in violation of any applicable law, (ii) the Land and Building are not in violation of any applicable laws as stated above, and (iii) no underground tanks used to store any Hazardous Substance are located on, in or under the Land. To the best of Landlord's knowledge, Landlord has not been previously cited for disposed of, stored, treated, processed or handled, or caused, suffered or permitted the disposal, storage, treatment, processing or handling of, any environmental violations by Hazardous Substance on, in or under the Land or the Building in violation of any applicable governmental agency law, and that there are no Permitted Materials Landlord will not do, or cause, suffer or permit, any of the foregoing to be stored in occur on, in, under or upon the Leased PremisesLand or the Building except in accordance with applicable law. To the best of Landlord's knowledge, information and belief, there is no asbestos, formaldehyde insulation and/or concentrations of radon gas on or about the Land or Building except in accordance with applicable law. In no the event will any Permitted Materials be stored in that Hazardous Substances are located in, on or upon under the Leased Premises without LessorLand or the Building, Landlord, at Landlord's prior written consentsole cost and expense, shall take all necessary action to cause the Land and the Building to comply with all such applicable laws.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorLandlord and Landlord's representative's may, representatives shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasewith Hazardous Substances, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of any contamination of the Premises with Hazardous Substances, or otherwise arising from the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means term. shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-quasi- governmental authority relating to pollution or protection of the environment. Lessee environment or the regulation of the storage or handling of Hazardous Substances Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeOf Tenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; dumping (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto Ohio the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup required. clean-up procedures must shall be diligently undertaken Undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorLandlord and Landlord's representative's may, representatives shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all costs associated with said workWork. If at any time during or Or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated with Hazardous Substances and such contamination resulted from the acts or subject to said conditions as a result omissions of Lessees breach of the terms of this LeaseTenant or its agents, Lessee contractors, licensees or invitees, Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole costCost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of any contamination of the Premises with Hazardous Substances, or otherwise arising from the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for Landlord shall conduct a phase I environmental review of the Land on which the Building sits to detect the existence of any environmental violations by Hazardous Substances or the violation of any applicable governmental agency Environmental Laws on said land. Landlord shall provide Tenant with a copy of such review and that there if Hazardous Materials are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.detected Initial_______ ______ Date _________ ______

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), ) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building premises will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or Buildingpremises, except for the Permitted MaterialsMaterials described below, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, representative shall have the right but are not required to, the obligation to enter the Leased Premises premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) with 24 hours, Lessor has shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Leaselease, the Leased Premises or Building are premises is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws hazardous material laws or to clean up Hazardous Substances hazardous material contaminating the Leased Premises or Buildingpremises, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law hazardous material law to be submitted to a governmental authority (collectively collectively, a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws hazardous material laws or to clean up contamination from Hazardous Substanceshazardous materials, Lessor must shall have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building premises by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorLessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.(if none, enter "None"):

Hazardous Waste. The term "“Hazardous Substances," ” as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "“Environmental Law," ” which term means shall mean any federal, state or local lawstatute ordinance, ordinance regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises by or on behalf of Tenant that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of Lessee's Tenant’s business activities (the "“Permitted Activities"”), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used by or on behalf of Tenant in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of Lessee's Tenant’s business (the "“Permitted Materials") ”), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used by or on behalf of Tenant as a landfill or a dump; (iv) Lessee Tenant will not install or authorize installation of any underground or above ground tanks of any type; (v) Lessee Tenant will not allow cause or authorize any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit cause or authorize any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought by Tenant or found located thereon (except for pre-existing conditions or matters caused by the Lessor)as a result of Tenant, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or Lessor's representative's may, Landlord and Landlord’s representatives shall have the right but are not required to, the obligation to enter the Leased Premises Premises, subject to Paragraph 14, for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole Landlord’s reasonable opinion, that said any Permitted Materials are being improperly stored, used, used or disposed ofof by Tenant, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has hours following Landlord’s request. Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any all reasonable and all actual costs associated with said work. If ; If, at any time during or after the term of the this Lease, the Leased Premises or Building are found to be so contaminated with Hazardous Substances caused by or subject to said conditions as a result of Lessees breach Tenant’s use and occupancy of the terms of this LeasePremises, Lessee then Tenant shall diligently institute proper and thorough cleanup procedures clean-up of such Hazardous Substances, at Lessee's Tenant’s sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or BuildingTENANT AGREES TO INDEMNIFY AND HOLD LANDLORD HARMLESS FROM ALL CLAIMS, Lessee shall submit to Lessor a plan of actionDEMANDS, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action")ACTIONS, LIABILITIES, COSTS, EXPENSES, DAMAGES, PENALTIES AND OBLIGATIONS OF ANY NATURE ARISING FROM OR AS A RESULT OF ANY CONTAMINATION OF THE PREMISES WITH HAZARDOUS SUBSTANCES, TO THE EXTENT AND ONLY TO THE EXTENT CAUSED BY TENANT OR ARISING FROM THE USE OR OCCUPANCY OF THE PREMISES BY TENANT. Such plan of action must be implemented by a licensed environmental contractorLANDLORD AGREES TO INDEMNIFY AND HOLD TENANT HARMLESS FROM ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, COSTS, EXPENSES, DAMAGES, PENALTIES AND OBLIGATIONS OF ANY NATURE ARISING FROM OR AS A RESULT OF ANY CONTAMINATION OF THE PREMISES WITH HAZARDOUS SUBSTANCES, EXCEPT TO THE EXTENT CAUSED BY TENANT OR ARISING FROM THE USE OR OCCUPANCY OF THE PREMISES BY TENANT. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consentTHE FOREGOING INDEMNITIES AND THE RESPONSIBILITIES OF THE PARTIES RELATING THERETO SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE.

Hazardous Waste. The term "Hazardous Substances," ", as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," ", which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved and, in advance in writing by Lessor; Lessee connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved and, in advance in writing by Lessor; Lessee connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorLandlord and Landlord's representative's may, representatives shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-twenty four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasewith Hazardous Substances, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of any contamination of the Premises with Hazardous Substances, or otherwise arising from the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorLandlord and Landlord's representative's may, representatives shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord's sole opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasewith Hazardous Substances, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of any contamination of the Premises with Hazardous Substances, or otherwise arising from the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), ) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all be responsible for obtaining any required permits and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building premises will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or Buildingpremises, except for the Permitted MaterialsMaterials described below, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, representative shall have the right but are not required to, the obligation to enter the Leased Premises premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) 24 hours, Lessor has shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are premises is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leaseconditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws hazardous material laws or to clean up Hazardous Substances hazardous material contaminating the Leased Premises or Buildingpremises, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law hazardous material law to be submitted to a governmental authority (collectively collectively, a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws hazardous material laws or to clean up contamination from Hazardous Substanceshazardous materials, Lessor must shall have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building premises by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorLessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee Tenant will not allow cause any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit its agents or employees to bring any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorLandlord and Landlord's representative's may, representatives shall have the right but are not required to, the obligation to enter the Leased Premises upon reasonable prior notice for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws; provided that Tenant's business operations are not unreasonably disturbed and Landlord repairs all damage resulting from such inspection. Should it be determined, in Lessor's sole opinion, determined that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has is reasonable under the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said workcircumstances. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated with Hazardous Substances which were brought onto the Premises by Tenant or subject to said conditions as a result of Lessees breach of the terms of this LeaseTenant's employees or agents, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of the use any contamination of the Leased Premises with Hazardous Substances brought onto the Premises by Tenant or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions Tenant's agents or matters resulting from the negligence or willful misconduct of Lessoremployees. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents Notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant) shall be liable for, and Tenant shall not be deemed to have waived by taking possession of the Premises or otherwise, any violations of applicable laws (including applicable laws pertaining to health and the environment) or restrictive covenants or other encumbrances relating to the Project that: (i) occurred in whole or in part prior to the date hereof, including any violation continuing as of the date hereof; or (ii) result in whole or in part from the failure of the Project (as opposed any particular operation or conduct of Tenant in the Premises which may violate applicable laws or other provisions of this Lease) to comply with applicable laws or restrictive covenants or other encumbrances (excluding, however, any such failure that it has not been previously cited for any environmental violations is caused by any applicable governmental agency and that there are no Permitted Materials alterations to be stored the Premises made by Tenant); or (iii) result in whole or upon in part from the Leased Premisespresence, release or disposal of asbestos or other Hazardous Substances on or from the Project, excluding only Hazardous Substances placed on the Project by Tenant. In no the event will any Permitted Materials be stored asbestos or asbestos containing materials is found in the Premises and the same was not placed therein by Tenant or upon Tenant's agents or employees, Landlord shall, at Landlord's sole cost and expense, promptly cause the Leased Premises without Lessor's prior written consentremoval of all such asbestos and asbestos containing materials, whether or not such removal is required under applicable laws.

Hazardous Waste. The term "Hazardous SubstancesHAZARDOUS SUBSTANCES," as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental LawENVIRONMENTAL LAW," which term means shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to health, pollution or protection of the environment. Lessee Tenant shall not be responsible for the cleanup of any Hazardous Substances that existed on the Property prior to the date hereof. Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted ActivitiesPERMITTED ACTIVITIES"), ) provided said such Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the any temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted MaterialsPERMITTED MATERIALS") provided such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or Building, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor), the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.f)

Hazardous Waste. The term "Hazardous Substances," as used in this --------------- -------------------- Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall ----------------- mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to pollution health, pollution, or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted --------- Activities"), ) provided said such Permitted Activities are conducted in accordance with ---------- all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the any temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") provided ------------------- such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter ; (g) Tenant will maintain on the Leased Premises a list of all materials stored at the Premises for which a material safety data sheet (an "MSDS") was issued by the purpose producers or manufacturers thereof, together ---- with copies of inspecting the storageMSDS's for such materials, use and disposal of shall deliver such list and MSDS copies to Landlord upon Landlord's request therefor; and (h) Tenant shall remove all Permitted Materials from the Premises in a manner acceptable to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord before Tenant's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said workpossess the Premises is terminated. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasesuch conditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Buildingdefend, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of Unless expressly identified on an addendum to this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that , as of the date hereof there are no "Permitted Materials Activities" or "Permitted Materials" for purposes of the foregoing provision and none shall exist unless and until approved in writing by the Landlord. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be stored conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or that Tenant has not complied with the requirements set forth in this Section 25, in which case Tenant shall reimburse Landlord for the cost thereof within ten days after Landlord's request therefor. Landlord shall not use or store any hazardous substance in or upon about the Leased Premises. In no event will any Permitted Materials be stored Building and Land unless such hazardous substance is used or stored, transported and handled in or upon the Leased Premises without Lessor's prior written consentaccordance with Law.

Hazardous Waste. Lessee warrants, represents and covenants to Lessor that: (A) The term Premises and Lessee's operations at the Premises will at all times be operated in full compliance with all applicable federal, state, and local environmental laws and regulations, including (without limitation) all applicable federal, state, and local laws dealing with the generation, storage and disposal of medical, biomedical or similar waste ("Environmental Laws"); (B) Lessee will not store, generate or use in the Premises or the Building any solid wastes, hazardous wastes, hazardous substances, toxic chemicals, pollutants, contaminants or other environmentally regulated substances ("Hazardous Substances," as ") without the prior written approval of Lessor and the Association and then only in strict compliance with applicable Environmental Laws; provided, however, no such approval shall be required with respect to substances which are normally used in this Lease means pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities medical practice; and (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; C) Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage dispose of any Hazardous Substances except for in any manner that would potentially damage the temporary Building or any portion thereof or that would fail to strictly comply with applicable Environmental Laws; and, (D) Without limiting the foregoing, Lessee shall, at Lessee's sole cost and expense, make all necessary arrangements for, and strictly comply with all applicable Environmental Laws governing the handling and storage of such materials that are used all medical, biomedical or similar waste generated at or in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted Materials; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materialsdisposal of Lessee's biomedical waste by Lessor, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor), the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental LawsParagraph 7. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then (E) Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor (and the Condominium Association, if applicable) harmless from and against any and all damages, penalties, fines, claims, demandsliens, actionssuits, liabilities, costs, judgments and expenses (including attorney's fees and settlement expenses, damages ) of every kind and obligations nature suffered by or asserted against Lessor and/or Association as a direct or indirect result of any nature arising from violation of any covenant of Lessee in this paragraph 27 or as a result of the use of the Leased Premises any warranty or Building representation made by Lessee in violation of this Section 3.06 but excluding pre-existing conditions paragraph 27 being false or matters resulting from the negligence or willful misconduct of Lessoruntrue in any respect. The foregoing indemnification and the responsibilities of Lessee This indemnity provision shall survive the any termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent27.

Hazardous Waste. The term "Hazardous Substances," as used in I this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental quasigovernmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, and, in connection therewith. Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or Building, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor), the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.constitute,

Hazardous Waste. The term "Hazardous Substances," HAZARDOUS SUBSTANCES", as used in this Lease means Lease, shall mean pollutants, contaminants, toxic toxic, or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," ENVIRONMENTAL LAW", which term means shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to pollution health, pollution, or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted ActivitiesPERMITTED ACTIVITIES"), ) provided said such Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the any temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted MaterialsPERMITTED MATERIALS") provided such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; and (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasesuch conditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Buildingdefend, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises by Tenant. As of the date hereof, Landlord has expressly consented to the following "PERMITTED ACTIVITIES" and/or "PERMITTED MATERIALS": PERMITTED MATERIALS: Tenant's battery products PERMITTED ACTIVITIES: The storage and charging of Tenant's battery products on the premises. Except as expressly identified herein or Building on an addendum to this Lease, Landlord has not consented to any other Permitted Materials and/or Permitted Activities and none shall exist unless and until approved in writing by Lessee the Landlord. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or that Tenant has not complied with the requirements set forth in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from 25, in which case Tenant shall reimburse Landlord for the negligence or willful misconduct of Lessor. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessorcost thereof within ten (10) days after Landlord's prior written consentrequest therefor.

Hazardous Waste. The term "“Hazardous Substances," ” as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "“Environmental Law," ” which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of Lessee's Tenant’s business activities (the "“Permitted Activities"”), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in In any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of Lessee's Tenant’s business (the "“Permitted Materials") ”), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord, and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or Lessor's representative's may, Landlord and Landlord’s representatives shall have the right but are not required to, the obligation to enter the Leased Premises for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's Landlord’s sole opinion, that said any Permitted Materials are being improperly stored, used, used or disposed of, then Lessee Tenant shall immediately take such corrective action as requested by LessorLandlord. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hours, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasewith Hazardous Substances, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at Lessee's Tenant’s sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee cost Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of any contamination of the Premises with Hazardous Substances, or otherwise arising from the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, radioactive materials or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means shall mean any federal, state or local lawstatute, ordinance ordinance, regulation or other statute law of a governmental or of quasi-governmental authority relating to pollution or protection of the environmentenvironment or the regulation of the storage or handling of Hazardous Substances. Lessee Tenant hereby agrees that that: (i) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee Landlord and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances Substances, except for the temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted Materials") ), provided such Permitted Materials are ire properly stored in a manner and location meeting all Environmental Laws and approved have been .approved in advance in writing by Lessor; Lessee Landlord, and, in connection therewith, Tenant shall obtain all be responsible for obtaining any required permits or authorizations and pay all paying any fees and conduct providing any testing required by any an), governmental agency in connection with the Permitted Materialsagency; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; and (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or BuildingPremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removed, with proper disposal, and all required cleanup clean-up procedures must shall be diligently undertaken by Tenant at its sole cost pursuant to all Environmental Laws. Lessor or LessorLandlord and Landlord's representative's may, representatives shall have the right but are not required to, the obligation following notice to Tenant to enter the Leased Premises during reasonable hours for the purpose of inspecting the storage, use and disposal of any Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, determined that said any Permitted Materials are being improperly stored, used, used or disposed of, in a manner not in compliance with applicable Environmental Laws, then Lessee Tenant shall immediately take such corrective action as requested by Lessornecessary to comply with applicable Environmental Laws. Should Lessee Tenant fail to take such corrective action within twenty-four (24) hourshour;, Lessor has Landlord shall have the right to perform such work and Lessee Tenant shall promptly reimburse Lessor Landlord, on demand, for any and all reasonable costs associated with said work. If at any time during or after the term of the this Lease, the Leased Premises or Building are is found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasewith Hazardous Substances caused by Tenant, Lessee Tenant shall diligently institute proper and thorough cleanup procedures clean-up procedures, at LesseeTenant's sole cost. Before taking any action , to comply with Environmental Laws or restore the Premises to clean up Hazardous Substances contaminating its original condition prior to the Leased Premises or Building, Lessee shall submit to Lessor a plan presence of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from such Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee Tenant agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages damages, penalties and obligations of any nature arising from or as a result of any contamination of the Premises with Hazardous Substances caused by Tenant, or otherwise arising from the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee Tenant shall survive the termination or expiration of this Lease. Lessee Landlord hereby represents that it and warrants the following to Tenant: (a) the Premises has not been previously cited used for the disposal of refuse or waste, or for the generation, processing, manufacture, storage, handling, treatment, release, discharge or disposal of any environmental violations by Hazardous materials, (b) the Premises is in compliance with all Environmental Laws and (c) no (I) asbestos-containing materials, (ii) machinery, equipment or fixtures containing PCBs, (iii) storage tanks for gasoline or any applicable governmental agency and that there are no Permitted Materials to be stored in other substance or upon (iv) urea formaldehyde foam insulation has been installed, used, stored, handled or located on the Leased Premises. In no event will Notwithstanding any Permitted Materials be stored other provision of this Lease, Landlord shall and hereby does agree to indemnify, protect and hold harmless Tenant and its partners, directors, officers, employees, shareholders, agents, contractors and each of their respective successors and assigns from and against any and all claims, judgements, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the term of this Lease as a result of or in connection with Landlord's breach of any representation, warranty or upon the Leased Premises without Lessor's prior written consentcovenant contained in this Paragraph 13.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental Law," which term means 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. Lessee hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency; (ii) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted Materials; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee will not install any underground or above ground tanks of any type; (v) Lessee 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 private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the Leased Premises or Building, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must be immediately removed, with proper disposal, and all required cleanup procedures must be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Building, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect affect the plan of action. Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorLessee. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous Substances," as used in this Lease means shall mean petroleum and petroleum products and by-products, crude oil, pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized penalized, or the removal or disposal of which is required, by any "Environmental LawLaws," which term means shall mean any and all federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to the pollution or protection of the environment. Lessee Tenant hereby agrees that (i) no activity will be conducted on the Leased Premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencySubstances; (ii) the Leased Premises will not be used in any manner not in compliance with local and federal laws for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsSubstances; (iii) no portion of the Leased Premises or Building will be used as a landfill or a dump; (iv) Lessee Tenant will not install any underground or above ground tanks of any type; (v) Lessee 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 constitute, a public or private nuisance; , (vi) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or Building, except for the Permitted MaterialsPremises, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, then the same must shall be immediately removed, stored and used in compliance with proper disposal, all local and all required cleanup procedures must be diligently undertaken pursuant federal laws regarding same. Landlord or Landlord's representative shall have the right but not the obligation to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter the Leased Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure ensuring compliance with all Environmental Laws. Should it be determined, If Tenant in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed ofany manner contaminates the Leased Premises, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee Tenant shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Lease, Lessee shall diligently institute proper and thorough cleanup clean-up procedures at LesseeTenant's sole cost. Before taking any action Landlord hereby agrees to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Buildingdefend, Lessee shall submit to Lessor a plan of actionindemnify and hold Tenant, including its employees, partners, agents, contractors, officers and directors and their heirs, successors, and assigns harmless from any and all plans costs (including costs of litigation), reasonable attorney's fees, expenses, liabilities, claims, damages or judgments arising or alleged to occur, and documents required by any Environmental Law that result, or are alleged to result from the actual, or threatened discharge, dispersal, disposal, release or escape of Hazardous Substances or other wastes or pollutants (including, but not limited to asbestos, solid, liquid, gaseous or thermal irritants or contaminants, smoke, vapor, soot, fumes, acids, alkalis, chemicals, and water materials to be submitted recycled, reconditioned or reclaimed), but only as the same are a direct result of any act or omission of Landlord or its agents, employees, contractors or subcontractors. Tenant hereby agrees to a governmental authority (collectively a "plan defend, indemnify and hold Landlord, its employees, agents, partners, contractors, officers and directors of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substancestheir heirs, Lessor must have (1) approved the nature, scope and timing of the plan of actionsuccessors, and (2) approved assigns harmless from any and all covenants and agreements to effect the plan costs (including costs of action. Lessee agrees to indemnify and hold Lessor harmless from all claimslitigation), demandsreasonable attorneys' fees, actionsexpenses, liabilities, costs, expensesclaims, damages or judgments arising or alleged to occur, and obligations that result, or are alleged to result from the actual, or threatened discharge, dispersal, disposal, release or escape of Hazardous Substances or other wastes or pollutants (including, but not limited to asbestos, solid, liquid, gaseous or thermal irritants or contaminants, smoke, vapor, soot, fumes, acids, alkalis, chemicals, and water materials to be recycled, reconditioned or reclaimed), but only as the same are a direct result of any nature arising from act or as a result omission of the use of the Leased Premises Tenant or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant's Representatives. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of this Lease. Lessee represents that it has Landlord also agrees not been previously cited for any environmental violations by any applicable governmental agency and that there are no Permitted Materials to be stored in or upon bring hazardous materials into the Leased Premises. In no event will any Permitted Materials be stored in or upon the Leased Premises without Lessor's prior written consent.

Hazardous Waste. The term "Hazardous SubstancesHAZARDOUS SUBSTANCES," as used in this Lease means shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is regulated, restricted, prohibited or penalized by any "Environmental LawENVIRONMENTAL LAW," which term means shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority Law relating to pollution health, pollution, or protection of the environment. Lessee Tenant hereby agrees that (ia) no activity will be conducted on the Leased Premises that will produce any Hazardous SubstanceSubstances, except for such activities that are part of the ordinary course of LesseeTenant's business activities (the "Permitted ActivitiesPERMITTED ACTIVITIES"), ) provided said such Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agencyLandlord; (iib) the Leased Premises will not be used in any manner for the storage of any Hazardous Substances except for the any temporary storage of such materials that are used in the ordinary course of LesseeTenant's business (the "Permitted MaterialsPERMITTED MATERIALS") provided such Permitted Materials are properly stored in a manner and location meeting satisfying all Environmental Laws and approved in advance in writing by Lessor; Lessee shall obtain all required permits and pay all fees and conduct any testing required by any governmental agency in connection with the Permitted MaterialsLandlord; (iiic) no portion of the Leased Premises or Building will be used as a landfill or a dump; (ivd) Lessee Tenant will not install any underground or above ground tanks of any type; (ve) Lessee 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 private nuisance; (vif) Lessee Tenant will not permit any Hazardous Substances to be brought onto the Leased Premises or Buildingpremises, except for the Permitted Materials, and if so brought or found located thereon (except for pre-existing conditions or matters caused by the Lessor)thereon, the same must shall be immediately removedremoved by Tenant, with proper disposal, and all required cleanup procedures must shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative's may, but are not required to, enter ; (g) Tenant will maintain on the Leased Premises a list of all materials stored at the Premises for which a material safety data sheet (an "MSDS") was issued by the purpose producers or manufacturers thereof, together with copies of inspecting the storageMSDS' s for such materials, use and disposal shall deliver such list and MSDS copies of Landlord upon Landlord's request therefor; and (h) Tenant shall remove all Permitted Materials from the Premises in a manner acceptable to ensure compliance with all Environmental Laws. Should it be determined, in LessorLandlord before Tenant's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within twenty-four (24) hours, Lessor has the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said workpossess the Premises is terminated. If at any time during or after the term of the LeaseTerm, the Leased Premises or Building are found to be so contaminated or subject to said conditions as a result of Lessees breach of the terms of this Leasesuch conditions, Lessee Tenant shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost. Before taking any action to comply with Environmental Laws or to clean up Hazardous Substances contaminating the Leased Premises or Buildingdefend, Lessee shall submit to Lessor a plan of action, including any and all plans and documents required by any Environmental Law to be submitted to a governmental authority (collectively a "plan of action"). Such plan of action must be implemented by a licensed environmental contractor. Before Lessee begins the actions necessary to comply with Environmental Laws or to clean up contamination from Hazardous Substances, Lessor must have (1) approved the nature, scope and timing of the plan of action, and (2) approved any and all covenants and agreements to effect the plan of action. Lessee agrees to indemnify and hold Lessor Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Leased Premises or Building by Lessee in violation of this Section 3.06 but excluding pre-existing conditions or matters resulting from the negligence or willful misconduct of LessorTenant. The foregoing indemnification and the responsibilities of Lessee survive the termination or expiration of Unless expressly identified on an addendum to this Lease. Lessee represents that it has not been previously cited for any environmental violations by any applicable governmental agency and that , as of the date hereof there are no Permitted Materials to be stored in Activities or upon the Leased Premises. In no event will any Permitted Materials for purposes of the foregoing provisions and none shall exist unless and until approved in writing by the Landlord. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may reasonably require from time to time provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be stored conducted at Landlord's expense, unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or that Tenant has not complied with the requirements set forth in or upon this Section 25, in which case Tenant shall reimburse Landlord for the Leased Premises without Lessorcost thereof within ten days after Landlord's prior written consent.request thereof. TENANT ACKNOWLEDGES THAT UPON OCCUPANCY OF THE PREMISES EXCEPT FOR WRITTEN PUNCH LIST ITEMS (1) IT HAS INSPECTED AND ACCEPTS THE PREMISES IN AN ?AS IS, WHERE IS? CONDITION, (2) THE BUILDING'S IMPROVEMENTS ARE SUITABLE FOR THE PURPOSE FOR WHICH THE PREMISES ARE LEASED AND LANDLORD HAS MADE NO WARRANTY, REPRESENTATION, COVENANT, OR AGREEMENT WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PREMISES, (3) THE PREMISES ARE IN GOOD AND SATISFACTORY CONDITION, (4) NO REPRESENTATIONS AS TO THE REPAIR OF THE PREMISES, NOR PROMISES TO ALTER, REMODEL OR IMPROVE THE PREMISES HAVE BEEN MADE BY LANDLORD (UNLESS AND EXCEPT AS MAY BE SET FORTH IN EXHIBIT B ATTACHED TO THIS LEASE, OR AS IS OTHERWISE EXPRESSLY SET FORTH IN THIS LEASE), AND (5) THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, EXCEPT AS PROVIDED HEREIN. Executed by Landlord on the 1 day of OCT, 1998. LANDLORD: KRAMXX 00 HP, LTD. By: 2800 Industrial, Inc., general partner By: /s/ R. E. Andexxxx ------------------------------------- Richxxx Xxxxxxxx Vice President Address: c/o Hill Partners, Inc. 2800 Xxxxxxxxxx Xxxxxxx Xxxxxx, Xxxxx 00000 Telephone: (512) 000-0000 Fax: (512) 000-0000 TENANT: IXC COMMUNICATIONS SERVICES, INC. By: /s/ Stuaxx X. Xxxxxxx ------------------------------------- Stuaxx X. Xxxxxxx VP Address: 1122 Xxxxxxx xx Xxxxx Xxx, X Xxxxxx, XX 00000 Telephone: (512) 000-0000 Fax: (512) 000-0000