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<br /> materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease,by
<br /> or for Lessee,or any third party,
<br /> (d) Lessee indemnification. Lessee shall indemnify, defend and hold Lessor, its agents, employees. lenders and ground
<br /> lessor if any. harmless from and against any and all loss of rents andlor damages, liabilities. judgments, claims, expei penalties. and attorneys'
<br /> and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, or any third party(provided,
<br /> however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises
<br /> from areas outside of the Project not caused or contributed to by Lessee). Lessee's obligations shall include, but not be limited to, the effects of any
<br /> contamination or injury to person. property or the environment created or suffered by Lessee, and the cost of investigation, removal, remediation,
<br /> restoration andlor abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered
<br /> into by Lessor and Lessee shalt release Lessee from its obligations under this Lease with respect to Hazardous Substances. unless specifically so
<br /> 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
<br /> indemnify, defend, reimburse and hold Lessee, its employees and lenders, harmless from and against any and all environmental damages, including
<br /> the cost of remediation, which are suffered as a direct result of Hazardous Substances on the Premises prior to Lessee taking possession or which are
<br /> caused by the gross negligence or willful misconduct of Lesser. its agents or employees. Lessor's obligations, as and when required by the Applicable
<br /> Requirements, shalf include, but not be limited-to. the cost of investigall removal, remediation, restoration and/or abatement, and shall survive the
<br /> expiration or termination of this Lease.
<br /> (f) Investigations and Remediations. Lessor shall retain the responsibility and pay for any investigations or remediation
<br /> measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Subslances on the Premises prior to the
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<br /> Lessee taking possession, unless such remediation measure is required as a result of Lessee's use (including "Alterations". as defined iri paragraph
<br /> 7.3(a)below)of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the
<br /> request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out
<br /> Lessor's investigative and remedial responsibilities
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<br /> (g)Lessor Termination Option. If a Hazardous Substance Condition(see Paragraph 9.1(e))occurs during the term of this Lease,
<br /> unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable
<br /> Requirements and this Lease shall continue in full foroe and effect. but subject to Lessor's rights under Paragraph (i and Paragraph 13). Lessor
<br /> may, at Lessor's option. either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at
<br /> Lessor's expense, in which event this Lease shall continue in full force and effect, or(ii) if the estimated cost to remediate such condition exceeds 12
<br /> times the then monthly Base Rent or$100,000,whichever is greater, give written notice to Lessee,within 30 days after receipt by Lessor of knowledge
<br /> of the occurrence of such Hazardous Substance Condition.of Lessor's desire to terminate this Lease as of the date 60 days following the date of such
<br /> notice. In the event Lessor elects to give a termination notice, Lessee may, within 10 days thereafter, give written notice to Lessor of Lessee's
<br /> 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
<br /> then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within 30
<br /> days following Such commitment. In such event, this Lease shall continue in full force and effect, and Lessor shall proceed to make such remediation
<br /> as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance
<br /> thereof within the time provided, this Lease shall 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
<br /> sole expense. fully, diligently and in a timely manner, materially comply with all Applicable Requirements. the requirements of any applicable fire
<br /> insurance underwriter or rating bureau, and the recommendations of Lessor's engineers and/or consultants which relate in any manner to such
<br /> Requirements, without regard to whether said Requirements are now, in effect or become effective after the Start Oale. Lessee shall, within 10 days
<br /> after receipt of Lessor's written request. provide Lessor with copies of all permits and other documents, and other information evidencing Lessee's
<br /> compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt. notify Lessor in writing (with copies of any
<br /> documents involved)of any threatened or actual claim,notice,citation,warning,complaint or report pertaining to or involving the failure of Lessee or the
<br /> Premises to comply with any Applicable Requirements. Likewise, Lessee shall immediately give written notice to Lessor of: (i)any water damage to the
<br /> Premises and any suspected seepage, pooling, dampness or other condition conducive to the production of mold: or(ii}any mustiness or other odors
<br /> that might indicate the presence of mold in the Premises.
<br /> 6.4 Inspection; Compliance. Lessor and Lessor's"Lender'(as defined in Paragraph 30)and consultants shall have the right to enter
<br /> into Premises at any time, in the case of an emergency, and otherwise at reasonable times after reasonable notice, for the purpose of inspecting the
<br /> condition of the Premises and for verifying compliance by Lessee with this Lease. The cost of any such inspections shall be paid by Lessor, unless a
<br /> violation of Applicable Requirements, or a Hazardous Substance Condition (see Paragraph 9.1) is found to exist or be imminent, or the inspection is
<br /> requested or ordered by a governmental authority. In such case, Lessee shall upon request reimburse Lessor for the cost of such inspection, so long
<br /> as such inspection is reasonably related to the violation or contamination. In addition, Lessee shall provide copies of all relevant material safety data
<br /> sheets(MSD$)to Lessor within 10 days of the receipt of written request therefor.
<br /> 7.� Maintenance; Repairs, Utility Installations; Trade Fixtures and Alterations.
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<br /> INIT LS INITIALS
<br /> Q1999-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM MTN-14.2113E
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