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DocuSign Envelope ID: 2F824D49-F88D-4ED1-8861-25C6564470E2
<br />EXECUTION COPY
<br />Premises or any improvements located thereon, including any complaints, notices, warnings or
<br />asserted violations in connection therewith.
<br />(b) LESSEE shall also supply to LESSOR as promptly as possible, and, in any
<br />event, within five (5) days after LESSEE first receives or sends the same, copies of all claims,
<br />reports, complaints, notices, warnings or asserted violations relating in any way to the Leased
<br />Premises or improvements located thereon or LESSEE's use thereof.
<br />5.6 Environmental Liabilities.
<br />(a) LESSOR acknowledges that LESSEE shall not be responsible to or liable
<br />to LESSOR for any violation of Hazardous Substances Laws which occurred prior to the Effective
<br />Date of this Lease or for the presence of such Hazardous Substances found on, within or below the
<br />Leased Premises where the presence of such Hazardous Substances predate the Effective Date and
<br />the Due Diligence Investigation Period. LESSOR agrees that LESSEE shall have been provided
<br />adequate time and opportunity during the Due Diligence Investigation Period and prior to the
<br />effectiveness of the Lease, to search the Leased Premises for Hazardous Substances or violations
<br />of Hazardous Substances Law.
<br />(b) Hazardous Substances not revealed prior to the Effective Date hereof, but
<br />subsequently discovered, including, but not limited to, during the Due Diligence Investigation
<br />Period on, under or within the Leased Premises at levels that are in violation of the Hazardous Substances
<br />Laws shall be the absolute responsibility of the LESSEE, unless
<br />(i) The LESSEE reasonably demonstrates by a preponderance of the
<br />evidence that the presence of such Hazardous Substances on, under
<br />of within the Leased Premises predates the Effective Date and are
<br />part of a comprise the Environmental Baseline, or
<br />(ii) LESSEE demonstrates by a preponderance of the evidence that the
<br />presence of such Hazardous Substances on, under or within the
<br />Leased Premises after the Effective Date hereof was caused by the
<br />acts or omissions of LESSOR, its agents, servants, employees,
<br />contractors or licensees., provided such acts or omissions of the
<br />LESSOR'S agents, servants, employees, contractors or licensees are
<br />with the scope and course of their duties.
<br />5.7 Hazardous Substances Indemnification.
<br />(a) LESSEE agrees to and shall indemnify, defend, and hold LESSOR harmless
<br />of and from any and all claims, demands, fines, penalties, causes of action, liabilities, damages,
<br />losses, costs and expenses (including attorneys' fees and expert witness fees) that LESSOR may
<br />sustain (unless it be proven by a preponderance of the evidence that any of the foregoing was
<br />caused by LESSOR'S negligence or willful misconduct or that of LESSOR's agents, prior
<br />occupants or tenants of the Leased Premises, servants, employees, contractors or licensees acting
<br />within the course and scope of their employment), occurring during the Lease Term and which
<br />resulted from Hazardous Substances brought upon the Leased Premises, during the Lease Term by
<br />any person whomsoever, other than LESSOR, its agents, servants, employees, contractors, acting
<br />during the course and scope of their employment or licensees or guests and invitees of the
<br />LESSOR.
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