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permit from, or with respect to which a report, notice, registration, or business plan is required to
<br /> be filed with, any governmental authority, and (iii) the presence in, on, or about the Premises of a
<br /> Hazardous Substance with respect to which any Applicable Laws require that a notice be given to
<br /> persons entering or occupying the Premises or neighboring properties. Notwithstanding the
<br /> foregoing, Tenant may, without Landlord's prior consent, but upon notice to Landlord and in
<br /> compliance with all Applicable Laws, use any ordinary and customary materials reasonably
<br /> required to be used by Tenant in the normal course of the Permitted Use, so long as such use is
<br /> not a Reportable Use and does not expose the Premises or neighboring properties to any
<br /> meaningful risk of contamination or damage, or expose Landlord to any liability therefor. In
<br /> addition, Landlord may (but without any obligation to do so) condition its consent to any
<br /> Reportable Use of any Hazardous Substance by Tenant upon Tenant's giving Landlord such
<br /> additional assurances as Landlord, in its reasonable discretion, deems necessary to protect itself,
<br /> the public, the Premises, and the environment against damage, contamination, injury, and/or
<br /> liability therefor, including but not limited to the installation (and, at Landlord's option, removal
<br /> on or before Lease expiration or earlier termination) of reasonably necessary protective
<br /> modifications to the Premises (such as concrete encasements) and/or the deposit of an additional
<br /> Deposit. Notwithstanding the above, Tenant may continue to utilize any Hazardous Substances,
<br /> including but not limited to those that would constitute a Reportable Use provided Tenant was
<br /> using such materials prior to the Commencement Date, Tenant discloses the types and quantities
<br /> of Hazardous Substances being used by Tenant as provided in Section 4.4(0, and all such
<br /> continuing use, handling, storage and disposal is done in accordance with all Applicable Laws.
<br /> (b) Duty to Inform Landlord. If Tenant knows, or has reasonable cause to
<br /> believe, that a Hazardous Substance is located in, under, or about the Premises or the Building(s),
<br /> Tenant shall immediately give Landlord written notice thereof, together with a copy of any
<br /> statement, report, notice, registration, application, permit, business plan, license, claim, action, or
<br /> proceeding given to, or received from, any governmental authority or private party concerning
<br /> the presence, spill, release, discharge of, or exposure to such Hazardous Substance. Tenant shall
<br /> not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the
<br /> Premises (including, without limitation, through the plumbing or sanitary sewer system).
<br /> (c) Indemnification. Tenant shall indemnify, protect, defend, and hold
<br /> Landlord, and the officers, directors, officials, shareholders, members, partners, employees,
<br /> managers, independent contractors, attorneys, and agents of the foregoing (collectively,
<br /> "Landlord Parties ") and the Premises harmless from and against any and all damages,
<br /> liabilities, judgments, costs, claims, liens, expenses, penalties, loss of permits, and attorneys' and
<br /> consultants' fees arising out of or involving any Hazardous Substance on or brought onto the
<br /> Premises during the Term by or for Tenant or by any of Tenant's employees, agents, contractors,
<br /> servants, visitors, suppliers, or invitees (such employees, agents, contractors, servants, visitors,
<br /> suppliers, and invitees as herein collectively referred to as "Tenant Parties "). Tenant's
<br /> obligations under this Section 4.4(c) shall include, but not be limited to, the effects of any
<br /> 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,
<br /> remediation, restoration and/or abatement thereof, or of any contamination therein involved.
<br /> Redwood City Lease 10.07. 2010 v.4 (20 Chemical) 5
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