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iM:cu-211WA l
<br />the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before
<br />Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit.
<br />(b) Duty to Inform Lessor. If Lessee knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or
<br />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 Remedlation. 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, complywith 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, harm from and
<br />against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out o r inv ing 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 t Lea's
<br />se It
<br />respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by L ee). Lessee
<br />obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created ors Bred Lessee, and
<br />the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration ortermination of this Lease. No nation,
<br />cancellation or release agreement entered Into by Lessor and Lessee shall release Lessee from Its obligations under this Lease with ect to H rdous
<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 inde ni , defe , reimburse and
<br />hold Lessee, its employees and lenders, harmless from and against any and all environmental damages, including the cost of me 'on, hich result from
<br />Hazardous Substances which existed on the Premises prior to Lessee's occupancy or which are caused by the gross negligi a or will I mi Onduct of Lessor, its
<br />agents or employees. Lessor's obligations, as and when required by the Applicable Requirements, shall include, but not be ited t 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 foranyinvest g ns or re is measures required by
<br />governmental entities having jurisdiction with respect to the existence of Hazardous Substances On the Premise rior to Less '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 emises, which event Lessee shall be
<br />responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including a I n ssor and Lessor's agents to have
<br />reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsib ties.
<br />(g) Lessor Termination Option. If a Hazardous Substance Condition (see Paragraph91(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 there 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 I sor 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 a ense, in ich event this Lease shall continue in full force and effect, or (ii) if
<br />the estimated cast to remediate such condition exceeds 12 times the then monthly B e Rent or $10 , 00, whichever is greater, give written notice to Lessee, within
<br />30 days after receipt by Lessor of knowledge of the occurrence of such Hazardous bstanc ondition, 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 give a terminati n ce, 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 remediati n of such ardour Substance Condition exceeds an amount equal to 12 times the then
<br />monthly Base Rent or $100,000, whichever is greater. Lessee shall provide L s ' h sai nds or satisfactory assurance thereof within 30 days fallowing such
<br />commitment. In such event, this Lease shall continue in full force and effect, d L hall proceed to make such remediation as soon as reasonably possible after
<br />the required funds are available. If Lessee does not give such noti ovi a required funds or assurance thereof within the time provided, this Lease shall
<br />terminate as of the date specified in Lessor's notice of terminate .
<br />6.3 Lessee's Compliance with Applicable Requirements. , Lessee shall, at Lessee's sole expense, fully, diligently and
<br />in timely manner, materially comply with all Applicable R 'em00
<br />- ,the requirements of any applicable fire insurance underwriter or rating burea u, and the
<br />recommendations of Lessor's engineers and/or consul is whit el in any manner to the Premises, without regard to whether said Applicable Requirements are
<br />now in effect or become effective after the Start Dat Lessee shall, ithi 10 days after receipt of Lessor's written request, provide Lessor with copies of all permits
<br />and other documents, and other information evidencin essee's c pliance with any Applicable Requirements specified by Lessor, and shall immediately upon
<br />receipt, notify Lessor in writing (with copies of any docum is inv ed) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to
<br />of involving the failure of Lessee or the Premises to comply ny Applicable Requirements. Likewise, Lessee shall immediately give written notice to Lessor of: (I)
<br />any water damage to the Premises and ny 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 Bence of mold in the Premises. In addition, Lessee shall provide copies of all relevant material safety data sheets (MSDS) to
<br />Lessor within 10 days of the recei\1ys
<br />en request therefor, In addition, Lessee shall provide Lessor with copies of its business license, certificate of occupancy
<br />and/or any similar document w' iof [he receipt of a written request therefor.
<br />6.4 Inspection; Comyl� ncend Lessor's "Lender" (as defined in Paragraph 30) and consultants authorized by Lessorshall have the right to enter into
<br />Premises at anytime, in case of an emergency, and otherwise at reasonable times after reasonable notice,for the purpose of inspecting and/or testing the
<br />condition of the Premise. nd/ or 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, 0 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 au In su 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 co amp I diction, Lessee shall provide copies of all relevant material safety data sheets (MSDS) to Lessor within SO days of the receipt of a
<br />written re st the f Lesze'c acknowledges that any failure on its par[to allow such inspections ortesting will expose Lessor to risks and potentially cause Lessor
<br />to m osts t to
<br />emplaced by [his Lease, [he extent of which will be extremely difficult [o ascertain. Accordingly, should [he Lessee fail to allow such inspections
<br />and/ testing a ti ly fashion the Rase Rent shall be automatically increased, without any requirement for notice [O Lessee, by an amount equal to 10% of [he
<br />then a 'n a en[ or $300, whichever is greater for [he remainder [o [he Lease. The Parties agree that such increase in Base Rent represents fair and reasonable
<br />sa n Jr
<br />She additional risk/costs 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 e t c titu[e 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 />tenance; Repairs; Utility Installations; Trade Fixtures and Alterations.
<br />Lessee's Obligations.
<br />(a) In General.
<br />INITIALS INITIALS
<br />© 2019 AIR CRE. All Rights Reserved. e Last Edited: 4/30/20204:53 PM
<br />STN-27.30, Revised 11-25-2019 65B-69 Page 4of 16
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