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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 release 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 9.7, Lessor and its successors and assigns shall indemnity, 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 include, 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 Remediations. Lessor shall retain the responsibility and pay for any investigations or remediation measures required by
<br />governmental entities 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 (including "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 order to carryout 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 foil force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's option, either (1) 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 III) if
<br />the estimated cost to remedlate 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 Lessors desire to terminate this lease as of the date 60
<br />days following the date of such notice. In the event Lessor elects to give a 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 ease 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 force 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. Except as otherwise provided in this lease, Lessee shall, at Lessee's sole expense, fullg diligently and
<br />in a timely manner, materially comply with all Applicable Requirements, the requirements of any applicable fire 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 lavolvfng 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 (0) any mustiness or
<br />other Critics that might Indicate the presence of mold in the Premises. In addition, Lessee shall provide Lessor with Copies of its business license, certificate of
<br />occupancy and/or any similar document within 10 days of the receipt of a written request therefor.
<br />6.4 Inspection; Compliance. Lessor and Lessor's "Leader" (as defined in Paragraph 30) and consultants authorized by Lessor shall have the right to enter into
<br />Premises at any time, in the use of an emergency, and otherwise at reasonable times after 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 aviolation of
<br />Applicable (requirements, or a Hazardous Substance Condition (see Paragraph 9.1) is found to exist or be imminent, or inspection is requested or ordered by
<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 testingwill expose Lessor to risks and potentially Cause Lessor
<br />to incur Costs not Contemplated by this Lease, the exlentof which will be extremely difficult to ascertain. Accordingly, should the Lessee fail to allow such inspections
<br />and/or testing in a timely fashion the Base Rent shall be automatically Increased, without any requirement for notice to Lessee, by an amount equal to 10% of the
<br />then existing Base Rent or$100, whichever is greater for the remainder to the Lease. The Parties agree that such increase in ease Rent represents fair and reasonable
<br />compensation for the additional dsk/casts that Lessor will incur by reason of Lessee's failure to allow such inspection and/or testing. Such Increase in Base Rent shall
<br />In no event constitute a waiver of Lessee's Default or Breach with respect to such failure nor prevent the exercise of any of the other rights and remedies granted
<br />hereunder.
<br />7. Maintenance; Repairs; Utility lnstallatbM; Trade Fixtures and Alterations.
<br />7.1 Lessee's Obligations.
<br />(a) In General. Subject to the provisions of paragraph 2.2 (Condition), 2.3 (Compliance), 6.3 (Lessee's Compliance with Applicable Requirements), 7.2
<br />(Lessor's Obligations), 9 (Damage or Destruction), and 141Coademnation), Lessee shall, at Lessee's sole expense, keep the Premises, Utility Installations Qntended for
<br />Lessee's exclusive use, no matter where lmtedj, and Alterations in good order, Condition and repair (whether or not the portion of the Premises requiring repairs, or
<br />the means of repairing the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs omens as a result of Lessee's use, any
<br />pear use, the elements or the age of such portion of the Premises), including, but not limited to, all equipment or facilities, such as plumbing, HVAC equipment,
<br />electrical, lighting facilities, boilers, pressure vessels, fire protection system, fixtures, walls (interior and exterior), ceilings, floors, stairs, windows, doom, plate glass,
<br />skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways looted in, on, or adjacent to the Premises. Lessee Is also
<br />.responsible for keeping the roof and roof drainage clean and free of debris. Lessor shall keep the surface and structural elements of the roof, foundations, and bearing
<br />walls in good repair (see paragraph 7.2). Lessee, In keeping the Premises in good order, Condition and repair, shall exercise and perform good maintenance practices,
<br />specifcally, Including the procurement and maintenance of the service Contracts required by Paragraph 7.1(b) below. Lessee's obligations shall include restorations,
<br />replacements or renewals when necessaryto keep the Premises and all improvements thereon of a part thereof in good order, Condition and state of repair. Lessee
<br />shall, during the term of this Lease, keep the exterior appearance of the Building in a first-class condition (including, e.g. graffiti removal) Consistent with the exterior
<br />appearance of other similar facilities of comparable age and size In the vicinity, including, when necessary, the exterior repainting of the Building.
<br />(b) Service Contracts. lessee shall, at Lessee's sole expense, procure and maintain Contracts, with Copies to Lessor, in customary form and substance for,
<br />and with contracton. specializing and experienced in the maintenance of the following equipment and improvements, if any, If and when installed on the Premises: (ij
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<br />INITIALS Last Edited: 3/14/2024 3:26 PM INITIALS
<br />® 2017 AIR CRE.. All Rights Reserved. STG-27.20, Revised 11-01-2017
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