Notwithstanding anything to the contrary contained in the Existing Lease, any Hazardous Materials (as hereinafter defined) located in the Existing Premises (including the Storage Space and which were not introduced into the Existing Premises by or on behalf of Tenant or anyone claiming by, through or under Tenant shall be the sole responsibility of Landlord to abate, encapsulate, and remediate as and to the extent required in accordance with Legal Requirements, all at Landlord’s sole cost and expense (except as such costs may be included in Operating Expenses pursuant to Article 4 of the Lease). If any such Hazardous Materials are discovered in the Existing Premises (including the Storage Space), then Tenant shall promptly notify Landlord of same and Landlord shall be responsible pursuant to the preceding sentence therefor. In the case where Landlord is required abate, encapsulate, remediate or remove such Hazardous Materials pursuant to this [Section 4.1(iii)], Tenant shall be entitled to an abatement of the Annual Fixed Rent payable hereunder with respect to the Existing Premises # in proportion to the portion of the Existing Premises in which the performance of such Alteration is actually delayed commencing as of the day immediately following the fifteenth (15th) Business Day of such delay, or # in proportion to the portion of the Existing Premises that Tenant actually vacates due to the existence of such Hazardous Materials, if otherwise discovered during the Term hereof commencing as of the day immediately following the fifteenth (15th) Business Day of such vacancy by Tenant, in each case, because of Landlord’s abatement, encapsulation, remediation or removal of such Hazardous Materials. For purposes of this [Section 4.1(iii)] only, the term “Hazardous Materials” shall mean any such materials classified or defined as hazardous materials pursuant to Legal Requirements at the time in question.

Section # Notwithstanding anything to the contrary contained above, any Hazardous Materials (as hereinafter defined) located in the Additional Space shall be the sole responsibility of Landlord to abate, encapsulate, and remediate if and to the extent required in accordance with Legal Requirements, all at Landlord’s sole cost and expense (except as such costs may be included in Operating Expenses pursuant to Article 4 of the Lease) (other than any Hazardous Materials brought to the Additional Space or Building by Tenant or any other occupant of the Premises acting by, through or under Tenant, or Tenant’s or such other occupant’s agents, contractors, invitees or employees). If any such Hazardous Materials are discovered in the Additional Space, then Tenant shall promptly notify Landlord of same (promptly after Tenant becomes aware thereof) and Landlord shall be responsible pursuant to the preceding sentence therefor. In the case where Landlord is required to abate, encapsulate, remediate or remove such Hazardous Materials pursuant to this Section 3.6, Tenant shall be entitled to an abatement of the Annual Fixed Rent payable hereunder with respect to the Additional Space # in proportion to the portion of the Additional Space in which the performance of Tenant’s Work or other Alteration is actually delayed commencing as of the day immediately following the fifteenth (15th) Business Day of such delay, or # in proportion to the portion of the Additional Space that Tenant actually vacates due to the existence of such Hazardous Materials, if otherwise discovered during the Term hereof by Tenant commencing as of the day immediately following the fifteenth (15th) Business Day of such vacancy by Tenant, in each case, because of Landlord’s abatement, encapsulation, remediation or removal of such Hazardous Materials. For purposes of this Section 3.6 only, the term “Hazardous Materials” shall mean any such materials classified or defined as hazardous materials pursuant to Legal Requirements at the time in question.