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about the Premises, other than as previously consented to by Lessor, Lessee shall Immediately give written notice of such fact to Lessor, and provide Lessor with a
<br />copy of any report, notice, claim or other documentation which It has concerning the presence of such Hazardous Substance.
<br />(c) Lessee Remediation. Lessee shall not cause or permit any Hazardous Substance to be spilled or released In, on, under, or about the Premises
<br />(Including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, comply with all Applicable Requirements and take all Investigatory
<br />and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance,
<br />security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or Involving any
<br />Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party.
<br />(d) Lessee indemnification. Lessee shall Indemnify, defend and hold Lessor, its agents, employees, lenders and ground lessor, if any, harmless Irom and
<br />against any and all loss of rents and/or damages, liabilities, Judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or Involving any
<br />Hazardous Substance brought onto the Premises by or for lessee, or any third party (provided, however, that Lessee shall have no liability under this Lease with
<br />respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee), lessee's
<br />obligations shall Include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee, and
<br />the cost of Investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination,
<br />cancellation or release agreement entered Into by Lessor and Lessee shall ralaase Lessee from Its obligations under this Lease with respect to Hazardous
<br />Substances, unless specifically so agreed by Lessor in writing at the time of such agreement.
<br />(e) lessor Indemnification. Except as otherwise provided in paragraph 8.7, Lessor and Its successors and assigns shall Indemnify, defend, reimburse and
<br />hold Lessee, its employees and lenders, harmless from and against any and all environmental damages. Including the cost of remediation, which result from
<br />Hazardous Substances which existed on the Premises prior to Lessee's occupancy or which are caused by the gross negligence or willful misconduct of Lessor, Its
<br />agents or employees. Lessor's obligations, as and when required by the Applicable Requirements, shall Indude, but not be limited to, the cost of Investigation,
<br />removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease.
<br />(f) Investigations and Remedlatlons. Lessor shall retain the responsibility and pay for any Investigations or remediation measures required by
<br />governmental entitles having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to Lessee's occupancy, unless such remediation
<br />measure Is required as a result of lessee's use (indudlng "Alterations", as defined In paragraph 7.3(a) below) of the Premises, In which event Lessee shall be
<br />responsible for such payment Lessee shall cooperate fully In any such activities at the request of lessor, Including allowing Lessor and Lessor's agents to have
<br />reasonable access to the Premises at reasonable times In orderto carry out lessor's Investigative and remedial responsibilities.
<br />(g) lessor Termination Option. If a Hazardous Substance Condition (see Paragraph 9.1(e)) occurs during the term of this lease, unless Lessee is legally
<br />responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this lease shall continue
<br />in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's option, either (I) Investigate and remediate such
<br />Hazardous Substance Condition, If required, as soon as reasonably possible at Lessor's expense. In which event this Lease shall continue in full force and effect, or (II) if
<br />the estimated cost to remediate such condition exceeds 12 times the then monthly Base Rent or $100,000, whichever is greater, give written notice to lessee, within
<br />30 days after receipt by lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's desire to terminate this Lease as of the date 60
<br />days following the date of such notice, in the event Lessor elects to gives termination notice. Lessee may. within 10 days thereafter, give written notice to lessor of
<br />Lessee's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to 12 times the then
<br />monthly Base Rent or $100,000, whichever Is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within 30 days following such
<br />commitment. In such event, this Lease shall continue In full farce and effect, and Lessor shall proceed to make such remediation as soon as reasonably possible after
<br />the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall
<br />terminate as of the date specified in Lessor's notice of termination.
<br />6.3 Lessee's Compliance with Applicable Requirements. ExcopUfcothorwita provided In this Lease, Lessee shall, at Lessee's sole expense, fully, diligently and
<br />Ina timely manner, materially comply with all Applicable Requirements, the requirements of any applicable Ore Insurance underwriter or rating bureau, and the
<br />recommendations of lessor’s engineers and/or consultants which relate In any manner to the Premises, without regard to whether said Applicable Requirements are
<br />now In effect or become effective after the Start Date. Lessee shall, within 10 days after receipt of Lessor's written request, provide Lessor with copies of all permits
<br />and other documents, and other Information evidencing Lessee's compliance with any Applicable Requirements specified by Lessor, and shall Immediately upon
<br />receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to
<br />or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Likewise, Lessee shall Immediately give written notice to Lessor of: (I)
<br />any water damage to the Premises and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (II) any mustiness or
<br />other odors that might Indicate the presence of mold In the Premises. In addition, Lessee shall provide copies of all relevant material safety data sheets (MSDS) to
<br />lessor within lOdays of the receipt of a written request therefor. In addition, Lessee shall provide Lessor with copies of Its business license, certificate of occupancy
<br />and/or any similar document within lOdays of the receipt of a written request therefor.
<br />6.4 Inspection; Compliance. Lessor and Lessor's "Lender" (as defined In Paragraph 30) and consultants authorized by Lessor shall have the right to enter Into
<br />Premises at any time, inthecaseofan emergency, and otherwise at reasonable timesafter reasonable notice, for the purpose of Inspecting and/or testing the
<br />condition of the Premises and/or for verifying compliance by Lessee with this Lease. The cost of any such Inspections shall be paid by Lessor, unless a violation of
<br />Applicable Requirements, or a Hazardous Substance Condition (see paragraph 9,1) Is found to exist or be imminent or the Inspection Is requested or ordered by a
<br />governmental authority. In such case, Lessee shall upon request reimburse Lessor for the cost of such Inspection, so long as such Inspection Is reasonably related to
<br />the violation or contamination. In addition, Lessee shall provide copies of all relevant material safety data sheets (MSDS) to Lessor within 10 days of the receipt of a
<br />written request therefor. Lessee acknowledges that any failure on Its part to allow such Inspections or testing will expose Lessor to risks and potentially cause Lessor
<br />to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. Accordingly, should the Lessee improperly Or
<br />unreasonably fan to allow such inspections and/or testing in a timely fashion Lessee shall pay to Lessor a fee in the amount of
<br />$5QOthe Base Rent shall be automatically Increased, vdlhOMt any requirement for, notice to Lessee, by an amount equal to 1W »f the then exletlag.Base4tont or
<br />$ 100; whichever Is greater for the remainder tethe Lease. The Parties agree that such feeinweasc InBaso Wont represents fair and reasonable compensation for
<br />the additional risk/costs that Lessor win incur by reason of Lessee's failure to allow such Inspection and/or testing. Such fiSBlnereace In Base Rent shall in no event
<br />constitute a waiver of lessee's Default or 8reach with respect to such failure nor prevent the exercise of any of the other rights and remedies granted hereunder.
<br />Maintenance; Repairs; Utility Installations; Trade Fixtures and Alterations.
<br />7.1 Lessee's Obligations.
<br />a (a) In General. Subject to the proviciont of Paragraph 3.3 (Condition), 1.2 (Compliance), 6.3 (lessee's Compliance with Applicable Requirements),. 7.2-
<br />asttwis Obligations), 9 (Oamage-or Destruction), and-14 (Cenderei>atiei>), Lessee shall, at Lessee's sole expense, keep the Premises, Utility Installations (Intended for
<br />INITIALS
<br />©2019 AIR CRE. All Rights Reserved.
<br />STN-27.30, Revised 11-25-2019
<br />INITIALS
<br />Last Edited: 2/2S/2021 9:53 AM
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