Please be advised that an asbestos survey may have been performed at the Property. If provided, please review the information that identifies the locations of known asbestos containing material or presumed asbestos containing material. All personnel and appropriate subcontractors should be notified of the presence of these materials, and informed not to disturb these materials. Any activity that involves the disturbance or removal of these materials must be done by an appropriately trained individual/contractor.

Asbestos Containing Materials. Prior to the commencement of any Renovations or alterations at any Property, any asbestos containing materials or suspect/presumed asbestos containing materials (collectively, “ACM”) located at such Property that has not previously been sampled and that will be subject to the Renovations or alterations shall be sampled, or, in the absence of sampling, shall be presumed to be ACM and handled and managed as such. Prior to the Renovations or alterations, any and all friable ACM and ACM that will be subject to the Renovations or alterations and is damaged or in poor condition, shall be removed by a licensed asbestos abatement contractor and disposed of off-site in compliance with applicable Environmental Laws or be sealed and fully encapsulated (if the ACM is capable of being encapsulated without further damage to the ACM) by a licensed asbestos abatement contractor, all in compliance with all applicable Environmental Laws, including all applicable ACM notice and disclosure requirements required by applicable Environmental Laws, and shall maintain all other ACM present on such Property in compliance with Environmental Laws (collectively, the “ACM Abatement Activities”). In addition, ACM Abatement Activities shall be followed for any ACM that could be disturbed by any Renovations or alterations. Asbestos post-abatement air clearance samples shall be collected following the completion of the ACM Abatement Activities involving the disturbance of more than 25 linear feet or more than 10 square feet of ACM to document that airborne ACM levels at the property are below the applicable re-occupancy clearance level (either less than or equal to 0.01 fibers per cubic centimeter or less than the ambient concentration not in excess of OSHA Permissible Exposure Limits, whichever is larger, if the phase contract microscopy monitoring and analysis method is used or the average number of asbestos structures on samples inside the abatement area is no greater than 70 structures per square millimeter (S/MM2) if the transmission electron microscopy monitoring and analysis method is used). Documentation related to asbestos surveys, abatement activities and regulatory forms shall be provided to the Agent upon request of the Agent following completion of work.

Historically, asbestos was commonly used in building products used in the construction of buildings across the country. Asbestos-containing building products were used because they are fire-resistant and provide good noise and temperature insulation. Because of their prevalence, asbestos-containing materials, or ACMs, are still sometimes found in buildings today.

Notification of Asbestos. Landlord hereby notifies Tenant of the presence of asbestos-containing materials (“ACMs”) and/or presumed asbestos-containing materials (“PACMs”) within or about the Premises in the location Identified in Exhibit H.

“Hazardous Materials” means all explosive, radioactive, hazardous, or toxic substances, wastes or materials, including petroleum or petroleum distillates, asbestos or asbestos-containing materials, polychlorinated biphenyls, radon gas, infectious or medical wastes, and all other substances or wastes regulated pursuant to any Environmental Law.

“Hazardous Materials” means # petroleum and petroleum products, byproducts or breakdown products, radioactive materials, asbestos-containing materials, polychlorinated biphenyls and radon gas and # any other chemicals, materials or substances designated, classified or regulated as hazardous or toxic or as a pollutant or contaminant under any applicable Environmental Law.

“Hazardous Substance” means any substance or material listed, defined, classified or regulated as a pollutant, contaminant, hazardous material, hazardous substance, toxic substance, hazardous, industrial, special or other waste, or otherwise, under any applicable Environmental, Health and Safety Law, including, petroleum, petroleum products, explosives, radioactive materials, volatile organic compounds, semi-volatile organic compounds, pesticides, polychlorinated biphenyls, and friable asbestos and asbestos-containing materials.

“Hazardous Materials” means any hazardous or toxic chemicals, materials, substances or waste which is listed, classified or regulated by any Governmental Authority as “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic wastes,” “contaminants” or “pollutants,” or words of similar import, under any Environmental Law, including petroleum or petroleum products (including gasoline, crude oil or any fraction thereof), asbestos or asbestos-containing materials, polychlorinated biphenyls, radon gas and urea formaldehyde.

“Hazardous Materials” shall mean any substances, chemicals, or wastes that are listed, regulated, or otherwise defined as hazardous, toxic, radioactive, a pollutant or a contaminant (or words of similar regulatory intent or meaning), under any Environmental Laws, or which could give rise to liability under any Environmental Law, including but not limited to, polychlorinated biphenyls (“PCBs”) or any substance or compound containing PCBs, asbestos or any asbestos-containing materials in any form or condition, lead-based paint, pesticides, radon or any other radioactive materials including any source, special nuclear or by-product material, petroleum, petroleum by-products, crude oil or any fraction thereof, toxic mold, or per- or polyfluoroalkyl substances (PFAS).

Hazardous Substances means all pollutants, effluents, contaminants, emissions, toxic or hazardous wastes and other substances, the removal of which is required or the manufacture, use, maintenance, handling, discharge or release of which is regulated, restricted, prohibited or penalized by any Governmental Requirement, or even if not so regulated, restricted, prohibited or penalized, might pose a hazard to the health and safety of the public or the occupants of the property on which it is located or the occupants of the property adjacent thereto, including # asbestos or asbestos-containing materials, # urea formaldehyde foam insulation, # polychlorinated biphenyls (PCBs), # flammable explosives, # radon gas, # laboratory wastes, # experimental products, including genetically engineered microbes and other recombinant DNA products, # petroleum, crude oil, natural gas, natural gas liquid, liquefied natural gas, other petroleum products and synthetic gas usable as fuel, # radioactive materials and (10) any substance or mixture listed, defined or otherwise determined by any Governmental Authority to be hazardous, toxic or dangerous, or otherwise regulated, affected, controlled or giving rise to liability under any Governmental Requirement.

To the best knowledge of the Loan Parties, none of the properties currently or formerly owned or operated by any [[Loan Party:Organization]] or any of its Subsidiaries is listed or proposed for listing on the NPL or on the CERCLIS or any analogous foreign, state or local list; there are no and never have been any underground or above-ground storage tanks or any surface impoundments, septic tanks, pits, sumps or lagoons in which Hazardous Materials are being or have been treated, stored or disposed on any property currently owned or operated by any [[Loan Party:Organization]] or any of its Subsidiaries or, to the best of the knowledge of the Loan Parties, on any property formerly owned or operated by any [[Loan Party:Organization]] or any of its Subsidiaries; there is no asbestos or asbestos-containing material on any property currently owned or operated by any [[Loan Party:Organization]] or any of its Subsidiaries; and Hazardous Materials have not been released, discharged or disposed of on any property currently or formerly owned or operated by any [[Loan Party:Organization]] or any of its Subsidiaries.

Product Liability. [Schedule 4.1.25] contains a complete and accurate list and summary description of all Proceedings pending, or to the Knowledge of the Seller, threatened against the Company arising from any actual or alleged injury to persons or property as a result of the ownership, possession or use of any product assembled or sold by the Company prior to the Closing Date, including but not limited to any claims arising from or alleged to arise from any actual or alleged exposure to asbestos and/or asbestos containing materials. All such claims are fully covered by product liability insurance subject to applicable deductibles and available limits of coverage or if not are noted on [Schedule 4.1.25]. To the Knowledge of the Seller, there are no recalls pending or threatened with respect to any products of the Company.

“Materials of Environmental Concern”: any gasoline or petroleum (including crude oil or any fraction thereof) or petroleum products or any hazardous or toxic substances, materials or wastes, defined or to the extent regulated as such in or under any applicable Environmental Law, including asbestos, polychlorinated biphenyls and urea-formaldehyde insulation.

Definition. For the purposes of this Lease, “Building Standard” shall mean the quantity and quality of materials, finishing and workmanship specified by Landlord from time to time as standard for the Building.

If CLIENT gives notice to OHL, as provided for in Section C above, that Products, goods or materials which have been previously delivered to OHL have subsequently been classified as constituting or containing Hazardous Materials, OHL may, in OHL’s sole discretion, elect, in writing, to either continue to store, handle and ship the Products, goods and materials constituting or containing Hazardous Materials, or, alternatively, to give notice to CLIENT that all such Products, goods or materials will be returned to CLIENT, or delivered to CLIENT’s designee, as soon as reasonably possible, at CLIENT’s expense.