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Tenant has underpaid Tenant's Share of Net Expenses, Tenant shall pay any such deficiency to Landlord within thirty 130) days
<br />following receipt of such statement. Landlord's obligation to make such refund and Tenant's obligation to pay such deficiency, as
<br />applicable, shall survive the expiration of the Term or earlier termination of this Lease. Landlord shall not be liable in damages or
<br />otherwise for any failure or interruption of any utility service being furnished to the Premises, and no such failure or interruption shall
<br />be deemed to constitute an actual or constructive eviction or entitle Tenant to terminate this Lease or withhold any rent or any other
<br />sum due under this Lease. Provided however, that Landlord shall use reasonable efforts to promptly cure such utility interruption
<br />to the extent such cure is within Landlord's control.
<br />5. Security Deposit. Tenant shall deposit with Landlord upon the execution hereof, the Security Deposit set forth in Paragraph
<br />1 .6 as security for Tenant's faithful performance of Tenant's obligations under this Lease. If Tenant fails to pay Base Rent or other
<br />rent or charges due hereunder, or otherwise "Defaults" under this Lease (as defined in Paragraph 12.1), Landlord may use, apply
<br />or retain all or any portion of said Security Deposit for the payment of any amount due Landlord or to reimburse or compensate
<br />Landlord for any liability, cost, expense, loss or damage lincluding attorneys' fees) which Landlord may suffer or incur by reason
<br />thereof. If Landlord uses or applies all or any portion of said Security Deposit, within ton (10) dnys after Landlord's written request
<br />therefor, Tenant shall deposit with Landlord funds sufficient to restore said Security Deposit to the full amount required by this Lease.
<br />Landlord shall not be required to keep all or any part of the Security Deposit separate from its general accounts. If Tenant performs
<br />all of Tenant's obligations hereunder, Landlord shall, at the expiration or earlier termination of the Term hereof and after Tenant has
<br />vacated the Premises, return to Tenant (or, at Landlord's option, to the last assignee, if any, of Tenant's interest herein), that portion
<br />of the Security Deposit not used or applied by Landlord. No part of the Security Deposit shall lie considered to be held in trust, to
<br />bear interest or other increment for its use, or to be prepayment for any moneys to be paid by Tenant under this Lease.
<br />6. Use.
<br />6.1 Use. Tenant shall use and occupy the Premises only for the purposes set forth in Paragraph 1.7 and for no other
<br />use or purpose. Tenant shall not use or permit tire use of the Premises in a manner that creates waste or a nuisance, or that disturbs
<br />owners and/or occupants of, or causes damage to, neighboring premises or properties.
<br />6.2 Hazardous Substances.
<br />In) Prohibition on Hazardous Substances. The term "Hazardous Substance" as used in this Lease shell mean
<br />any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use,
<br />manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials on the Premises
<br />or other portions of the Building and/or Project, is either: M potentially injurious to the public health, safety or welfare, the
<br />environment or the Premises and/or other portions of the Building and/or Project, 60 regulated or monitored by any governmental
<br />authority, or (iii) a basis for liability of Landlord to any governmental agency or third party under any applicable statute or common
<br />law theory. Hazardous Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products,
<br />by-products or fractions thereof. Tenant represents and warrants to Landlord that Tenant's business and all activities to be
<br />performed by Tenant in, on or about the Premises, Building and Project shall comply with all Applicable Laws respecting Hazardous
<br />Substances and Tenant agrees to change any such activity or install any equipment, safety devices, pollution control systems and/or
<br />other installations as may be required at any time during the Lease Term to comply therewith. Tenant shall not cause or permit any
<br />Hazardous Substance to be brought upon, kept, or used in or about the Premises, Building or Project by Tenant, its agents, employ-
<br />ees, contractors or invitees, without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding
<br />sentence, or if the presence of Hazardous Substance on the Premises, Building or Project caused or permitted by Tenant or otherwise
<br />caused to be located upon the Premises, Building or Project (luring the Lease Term results in contamination of the Premises, Building,
<br />Project or any adjacent property, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments,
<br />damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, Building,
<br />Project and/or adjacent property, damages for the loss or restriction on use of rentable or usable space or of any amenity of the
<br />Premises, Building, Project and/or adjacent property, damages arising from any adverse impact on marketing of the Premises,
<br />Building, Project and/or adjacent property, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees)
<br />which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes,
<br />without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or
<br />restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Substance
<br />present in the soil or ground water on or under the Premises, Building, Project and/or adjacent property. Without limiting the fore-
<br />going, if the presence of any Hazardous Substance on the Premises, Building and/or Project caused or permitted by Tenant results
<br />in any contamination of the Premises, Building, Project and/or adjacent property, Tenant shall promptly take all actions at its sole
<br />expense as are necessary to return the Premises, Building, Project and/or adjacent property to the condition existing prior to the
<br />introduction of any such Hazardous Substance to the Premises, Building, Project and/or adjacent property; provided that Landlord's
<br />approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would
<br />not potentially have any material adverse long-term or short-term effect on the Premises, Building, Project or adjacent property.
<br />Notwithstanding the foregoing, Tenant shall not be responsible or liable for any pre-existing Hazardous Substance.
<br />M Duty to Inform Landlord. If Tenant knows, or has reasonable cause to believe, that a Hazardous
<br />Substance, or a condition involving or resulting from same, has come to be located in, on, under or about the Premises, Building
<br />and/or Project other than as previously consented to by Landlord, Tenant shall immediately give written notice of such fact to
<br />Landlord. Tenant shall also immediately give Landlord a copy of any statement, report, notice, registration, application, permit,
<br />business plan, license, claim, action or proceeding given to, or received from, any governmental authority or private party, or persons
<br />entering or occupying the Premises, concerning the presence, spill, release, discharge of, or exposure to, any Hazardous Substance
<br />or contamination in, on, or about the Premises, Building and/or Project.
<br />(c) Indemnification. Tenant shall indemnify, protect, defend and hold Landlord, its agents, representatives,
<br />employees, lenders and ground landlord, if any, and the Premises, Building and Project harmless from and against any and all loss
<br />of rents and/or damages, liabilities, judgments, costs, claims, liens, expenses, penalties, permits and attorneys' and consultants'
<br />fees arising out of or involving any Hazardous Substance or storage tank. Tenant's obligations under this Paragraph 6 shall include,
<br />but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Tenant,
<br />and the cost of investigation (including consultants' and attorneys' fees and testing), removal, remediation, restoration and/or
<br />abaternent thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Lease.
<br />No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under
<br />this Lease with respect to Hazardous Substances or storage tanks, unless specifically so agreed by Landlord In writing at the time
<br />of such agreement.
<br />6.3 Tenant's Compliance with Law. Tenant, shall, at Tenant's sole cost and expense, fully, diligently and In a timely
<br />manner, comply with all "Applicable Law", which term is used in this Lease to include all laws, rules, codes, regulations, ordinances,
<br />directives, covenants, easements, restrictions, permits, the requirements of any applicable fire insurance underwriter or rating
<br />bureau, and the recommendations of Landlord's engineers and/or consultants, relating in any manner to the Premises, and to the
<br />extent such compliance is necessitated as a result of Tenant's particular use of or alterations or Improvements to the Premises, the
<br />Building and/or Common Areas. Tenant's obligation for compliance with Applicable Law pursuant hereto shall Include, without
<br />limitation, matters pertaining to (i) industrial hygiene, iii) accessibility or useability of the Premises by disabled persons, (iii)
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