Limitations. Notwithstanding anything in this [Section 5.3.1.4] to the contrary, Tenant’s indemnity of Landlord shall not be applicable to claims based upon Existing Hazardous Materials. “Existing Hazardous Materials” shall mean Hazardous Materials located on the Property in violation of applicable Environmental Laws as of the date of this Lease. Landlord represents, to its actual knowledge, that there are no Existing Hazardous Materials in, on, under or about the Premises on the date this Lease is executed by Landlord and Tenant.

Limitations. Notwithstanding anything in this [Section 5.3.1.4] to the contrary, Tenant’s indemnity of Landlord shall not be applicable to claims based upon Existing Hazardous Materials. “Existing Hazardous Materials” shall mean Hazardous Materials located on the Property in violation of applicable Environmental Laws as of the date of this Lease. Landlord represents, to its actual knowledge, that there are no

Limitations. Notwithstanding anything in [Section 5.3.1.4], above, to the contrary, Tenant's indemnity of Landlord as set forth in [Section 5.3.1.4], above, shall not be applicable to claims based upon Hazardous Materials not Released by Tenant or Tenant's Agents.

Limitations. Notwithstanding anything in [Section 5.3.1.4.1], above, to the contrary, Tenant's indemnity of Landlord as set forth in [Section 5.3.1.4.1], above, shall not be applicable to claims based upon Hazardous Materials not Released by Tenant or Tenant’s Agents.

Limitations. Notwithstanding anything in [Section 5.3.1.4], above, to the contrary, Tenant's indemnity of Landlord as set forth in [Section 5.3.1.4], above, shall not be applicable to claims based upon Hazardous Materials not Released by Tenant or Tenant's Agents.

Limitations. Notwithstanding anything in [Section 5.4.1.4], above, to the contrary, Tenant's indemnity of Landlord as set forth in [Section 5.4.1.4], above, shall not be applicable to claims based upon Hazardous Materials not Released by Tenant or Tenant's Agents.

Landlord shall indemnify, defend and hold Tenant harmless from any and all Claims which may at any time be imposed upon, incurred by, or asserted or awarded against Tenant which result from Hazardous Materials in quantities in violation of applicable Law and which either # existed on the Premises prior to Tenant’s occupancy, or # are caused by the negligence or willful misconduct of Landlord or Landlord’s representatives; provided, however, in no event shall a breach of the terms and conditions of this Lease by Tenant ever be deemed to be negligence by Landlord.

Tenant hereby covenants and agrees to indemnify, defend and hold the Landlord Parties harmless from and against any and all Claims against any of the Landlord Parties arising out of contamination of any part of the Property or other adjacent property, which contamination arises as a result of: # the presence of Hazardous Material in the Premises, the presence of which is caused by any act or omission of any of the Tenant Parties, or # from a breach by Tenant of its obligations under this Section 17. This indemnification of the Landlord Parties by Tenant includes, without limitation, reasonable costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work or any other response actions required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil, soil vapor or ground water on or under or any indoor air in the Building based upon the circumstances identified in the first sentence of this Section 17.6. The indemnification and hold harmless obligations of Tenant under this Section 17.6 shall survive the expiration or any earlier termination of this Lease, but are subject to any applicable statute of limitations. Without limiting the foregoing, if the presence of any Hazardous Material in the Building or otherwise in the Property is caused or permitted by any of the Tenant Parties and results in any contamination of any part of the Property or any adjacent property, Tenant shall promptly take all actions at Tenant’s sole cost and expense as are necessary to return the Property and/or the Building or any adjacent property to their condition as of the date of this Lease, provided that Tenant shall first obtain Landlord’s written approval of such actions, which approval shall not be unreasonably withheld, conditioned or delayed so long as such actions, in Landlord’s reasonable discretion, would not potentially have any adverse effect on the Property, and, in any event, Landlord shall not withhold its approval of any proposed actions which are required by applicable Environmental Laws. Notwithstanding anything in this Lease to the contrary, Tenant shall not be liable for any Hazardous Materials existing on the Property (or any migration thereof) prior to the Term Commencement Date. The provisions of this Section 17.6 shall survive the expiration or earlier termination of the Lease, but are subject to any applicable statute of limitations.

Landlord Indemnity. Under no circumstance shall Tenant be liable for, and Landlord shall indemnify, defend, protect and hold the Tenant Parties harmless from and against any and all claims, judgments, losses, damages, costs, expenses, penalties, enforcement actions, taxes, fines, remedial actions, liabilities (including, without limitation, reasonable attorneys’ fees, litigation, arbitration and administrative proceeding costs, expert and consultant fees and laboratory costs) and sums paid in settlement of claims, but excluding any consequential or special damages, which arise during or after the Lease Term, whether foreseeable or unforeseeable, to the extent arising out of or attributable to any Hazardous Materials that exist in, on or about the Project as of the Lease Commencement Date or that exist after the expiration or termination of this Lease except to the extent such Hazardous Materials are the responsibility of Tenant in accordance with this Section 5.3, or the Release of Hazardous Materials in, on, under or about the Project by Landlord or any Landlord Parties in violation of Environmental Laws. Landlord will provide Tenant with any Hazardous Material reports relating to the Building or Project that Landlord has in its possession, or control. The provision of such reports shall be for informational purposes only, and Landlord does not make any representation or warranty as to the correctness or completeness of any such reports.