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EXHIBIT 1
<br />about the Premises, other than as previously consented to by tessoy Lassoa thall Immediately give written notice of such fact to lessor, and provide Lessorwlth a
<br />Copy of any report, notice, clalmor other documentation which It has concerning the presence of such HazardousSubslance.
<br />(c) lessee Remodlation. Lessee shall not cause or permit any Hazardous Substance to be spilled or released In, on, under, or about the Premises
<br />(inciuding through the plumbing or sanitary sewer system) and shalt promptty, 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 eontaminatlon of, and for them aintenance,
<br />secur3y and/or monitoring of the Premises or neighboring properties, that was caused or malerialty sontributed to by Lessee, or pertaining to or Involving any
<br />Hatardous,Substance brought onto the Premisesduring thetermofthls Lease, byor lot Lessee, or any third party.
<br />(d) Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, Its agents, employees, fenders and ground Lessor, harry„ harmless from and
<br />against arty and all loss of rents and/or damages, Il►blllties, Judgments, claims, expenses, pen antes, and attorneys' and consultants' fees arlsingout of or Involving any
<br />Hazardous Substance brovahtanto the Premises by or for lessee, or any third party (provided, however, that lessee shall nave no tlabdltyunder this lease with
<br />respect to undecground mlgradon of any Hazardous Substance under the Premises from ►diatent properties not caused or contributed to byLesteel. Lessee's
<br />obligations shall Include, but not be limited to, the effects of any contamination or Injury to person, property or the erwlronmew created or sulfated by lessee, and
<br />the Cost of Investigation, removal, remedlalion, restoration and/or abatement, and shall survive the expiration or termination of this Lease, No ttrmlrnation,
<br />cancellation or release agreement entered into by Lessor and Lemes %hall rsleast Lessee from its obligations under this lease with respect to Hazardous
<br />Substances, unless tpeciNcaliyto agreed by Lassor In writing at the time of such agreement,
<br />(e) Castor indemnlOatlon. Except as otherwise provided In paragraph 9.7, Lessor and Its successors and assigns shall Indemn7y, defend, reimburse and
<br />hold Lessee, its employees and lenders, harmless from and agalnst any and all environmental damages, Including the cost of remedlation, which result from
<br />Hazardous Substances which existed on the Premises prior to Lessee's occupancy or which are caused by the gross negligence orwlllfut misconduct of Lessor, its
<br />agents or employees. Lessor's obligations, as and when required by theAppiicabla Requirements, shall include, but not be limited to, the cost of Investigation,
<br />removal, remedlation, restoration and/or abatement, and shallsurvNvethe expiration or termination of this Lease.
<br />(f) InveiH¢attons and Rernedlattoru. Lessor shall retain the responsibility and pay for any Investigations or remedlation measures required by
<br />governmental emtiltes having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to Lessee's occupancy, unless such remedlation
<br />measure Is required as aresultof Lessee'suse (Vncludina'Alterations", asdollnedIn paragraph7.3(a) below) of the Premises, In which event Lessee shall be
<br />responsible for suth payment. Lessee shalt cooperate fully In a ray suthactivitiesat the request of Lessor, Including allowing Lessor and Lessor's agents to have
<br />reasonable access to the Premises at reasonable times In crderto cacryout Lessor's Investigadveand remedial responsibilities.
<br />Jill Lessor Termination Option. If aHazardous Substance Condition (see Paragraph 9.1(e)) occurs during the teemof this Lease, unless Lessee Is iegsily
<br />responsible therefor (Inwitith case Lessee ;hall make the Investigation and remedlation thorvof 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 Lessa'soplion, either (11 Investigate and remediate such
<br />Hazardous Substance Condition, If required, as soon as reatonably possible at Lessor's expense, In which event this lease shall continue In full force and effect, or (11) If
<br />the estimated cost to remedlate such condition exceeds 12 times the then monthly Base Rent or $200,000, whichever Is greater,give written notice to Lessee. within
<br />30 days after receipt by Lessorof knowledge of the occurrence ofsuch 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 give a termination notice, lessee may, within 10days thereafter, glue written notice to lessor al
<br />Lessee's commitment to pay the amountby which the cost of the rernediatfon of such Hazardous SubstanceConciltion exceeds an amount equal to 12 times the then
<br />monthly Use Rent or $200,000, whichever Is greater. Lessee shall provide lessor with said funds of Ptttfactory assurance thereofwithin 30 days following such
<br />commitment. In such event, Ws Lease shall continue In full foiceandelfecl, and Lessor shall proceed to make such remedlation as soon as reasonably possible after
<br />the required funds are available. It Lessee does not give such notice and provide the required fundsor assurance thereof within the time provided, this Lease shall
<br />terminate as ofthe date specified In Lessor's notice of tecmination.
<br />6.3 Lessee's Compliance with Applicable Requirements, fxwpias otbettµVFe{uavWed lalAkiwcp, Lessee shall, at Lessee's sole expense, fully, dlilgently and
<br />Ina timely manner, materially comply with allAppllcabte Requirements, the requirements ofany applicable Ore Insurance undetwrlter or rating bureau, and the
<br />recommendations of Lasso r's engineers and/or consultantswhich relate in any manner to the premises, withoutregard to whether said Applicable Requbaments ate
<br />nowin effector besomeeffective after the Start Rate Lessee shall, within 10days after receipt of lessor's written request, provide Lessor with copies of all permits
<br />and other documents, and other Infurmadon evidencing Lessae's compliance with any Applicable Rcqultements specified byLessor, and shall Immediately upon
<br />receipt, notify Lessor In writing (witheoples of any documents involved) of any threatened or actual claim, notice, citation, xaming, complaint or report pertaining to
<br />or Involving tho failure of Lessee or the Premises to comply with any Applicable Requirements, Ukewlse, Lessee shall Immedlately give written notice to Lessor of: (1)
<br />any water damage to the Premises and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (f) any mustiness or
<br />other odors that might indicate the presence of mold In the Premises. In addldon, Lessee shall provide copies o fall relevant material safety data sheets (MSDSI to
<br />Lessor within 10days o (the tecelpt of a written request therefor. In addition, Lessee shall psovlde lessor with enples of its business licence, cerdllcate o foccupancy
<br />andior any similar document within 10days of the receipt of awritten request therefor.
<br />GA Inspection; Compllance, Lessor and Lessor's "tender" (as defined in Paragraph 301 and consultants authorized by Lessor shall have the right to enter into
<br />Premises at any time, In the case of en emergency, and otherwis,eal reasonable tlmesafter reasonable notice, for the purpose of Inspecting and/or testing the
<br />condition of the Premises and/or forverilyfng 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 M) Is toured to exist tat be imminent or the Inspection Is requestod o i ordered b v a
<br />governmentalautitoffty. In such.case, Lessee shall upon request reimburse Lessor for the cost of suth Inspection, so long as such Inspection It reas.onablyrelated to
<br />the vsolatlon or contamination. In addition, Lessee shall provide copies of all relevant materlalsafety data sheets (MSGS) to Lessor within 10 days of the rocefpt of a
<br />written request therefor. Lessee acknowledges that any (allure on its part to allow such Inspections or testing will expose lessor to risks and potentially cause Lessor
<br />to Incur costs not contemplated bythls Lease, the extent of which will be extremely difhtult to ascertain. Accordingly, should the lessee improperly or
<br />unreasonably fall to allow such inspections and/or testing Ina timely fashion Lesseeshall pay to Lessor a fee in the amount of
<br />��OOthe baseAeetshaN•irsa+riaasat#ail{y ltrcreased,�vitlwutanrrequkesnaaQ%r-neileeta.leabeerbyan-anwunt ekua4ta i.49taJlhea tbeaexlaetiagRasaileao car.
<br />AArwhitttcverl59aaatewfoFtlso+amafn4aFao-LhQJwta. The Parties agree that such and reasonable compensation for
<br />the additional rile/coststhat lessor will Incur by reason of Lessee's failure to allow such Inspectoon and/or testing. Such a„° a " shall in no event
<br />constitule a waiver of Lessee's Default or Breach with respect to such fagure nor prevent the exercise of any ofthts other rlghtsand remediesgranted hereunder.
<br />7. Maintenance; Repairs; Utility Installattons; Trade fhdurm and Alterations.
<br />7.1 Lessee's Obllgatforu•
<br />1act�(a) In General. subject toltwpzaultlaat ttos►},a.2{tampu Wu Raqukstatarstt},x1
<br />sObilgalaoasy-4jllaruagearCattwcttoal,andis{Caadamnagan� Lessee shall, at Re ole expense, keep the Premises. Utility Installations (intended for
<br />INITIALS
<br />R1 2019 AIR CRE. All Rights Reserved. Last Edited: 2/25/2021 9:53 AM
<br />STN.27.30, Revised 11-25-2019 Page A of 16
<br />City Council 26 — 6 4/19/2022
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