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REV: 02-05-25 LR on use of the Property, (iii) sums paid in settlement of Claims that arise, during or after the Term as a result of such breach, and (iv) costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the soil or groundwater in, on, under or about the Property. If the presence of any Hazardous Materials in, on, under or about the Property or any adjacent property caused or permitted by Licensee or any member of the Licensee Group results in any contamination of the Property or any adjacent property then, after receipt of notice from Licensor, Licensee shall take all actions at its sole cost and expense as are necessary to return the Property or adjacent property, as applicable, to as near as reasonably possible to its condition existing immediately prior to the time of such contamination; provided that Licensor’s written approval of such action shall first be obtained, which approval Licensor shall not unreasonably withhold; and provided, further, that it shall be reasonable for Licensor to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Property or any adjacent property. Licensee’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Licensee under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding anything to the contrary in this Section 3: (a) Licensee and the Licensee Group shall have no obligations under this Section 3 or Section 6 for any Claims, including but not limited to those specified in (i) through (iv) above, that result from Licensee’s discovery of or reporting of any Preexisting Hazardous Materials affecting the Property except to the extent exacerbated by the Activities; and (b) Licensee and the Licensee Group shall not be liable for Claims relating to Hazardous Materials that Licensee and the Licensee Group did not cause to be released, discharged, transported, generated, stored, brought upon, kept or used in or about the Property. 4. Waiver and Release. Licensee, on behalf of itself and the Licensee Group, hereby waives and releases Licensor and the Licensor Group from, and expressly assumes the risk of, injury, loss or damage, including death, from any and all known and unknown causes while on the Property, including any loss or damage to any of Licensee’s personal property, except to the extent cause by the active negligence or willful misconduct of Licensor or member of the Licensor Group. The Property is not a public facility and, while care has been taken to guard against injury or damage arising from planned uses, no assurance can be given that persons not familiar with the equipment and risks located on the Property will not suffer injury or damage to themselves or their equipment. Licensee shall cause each member of the Licensee Group who intends to enter onto the Property to sign and deliver to Licensor, prior to and as a condition of any such entry, a Waiver and Release of Liability and Assumption of Risk in the form attached hereto as Exhibit C. 5. Remedies. If Licensee or any member of the Licensee Group fails to perform any of the provisions or conditions of this Agreement on its part to be performed at the time and in the manner herein provided for the performance thereof, then the Licensee and the Licensee Group, immediately upon notice to Licensee from Licensor and until further notice from Licensor, shall cease all Activities on the Property and Licensee shall proceed to take such action as shall be necessary to cure such default within five (5) days following such notice (the “Cure Period”). If ATTY/AGR.2025.012/BMR-Bay LP (700, 720, and 740 Bay Road) (Page 3 of 16)