(10) DAYS OF LANDLORD'S WRITTEN REQUEST THEREFOR SHALL CONSTITUTE AN EVENT OF
DEFAULT IF THE SAME IS NOT THEREAFTER DELIVERED WITHIN FIVE (5) DAYS OF NOTICE
OF SUCH FAILURE.
9.3
LANDLORD MORTGAGEE CURE RIGHTS.
TENANT SHALL PROMPTLY NOTIFY EACH
HOLDER (OF WHOM TENANT HAS RECEIVED WRITTEN NOTICE) OF ANY DEFAULT BY LANDLORD
UNDER THIS LEASE WHICH WOULD ENTITLE TENANT TO CANCEL OR TERMINATE THIS LEASE,
AND AGREES THAT, NOTWITHSTANDING ANY PROVISIONS OF THIS LEASE TO THE CONTRARY,
NO NOTICE OF CANCELLATION OR TERMINATION AS A RESULT OF SUCH DEFAULT SHALL BE
EFFECTIVE UNLESS THE HOLDER SHALL HAVE RECEIVED NOTICE OF THE DEFAULT GIVING
RISE TO SUCH CANCELLATION OR TERMINATION AND SUCH HOLDER SHALL HAVE FAILED TO
CURE SUCH DEFAULT (I) WITHIN THE CURE PERIOD AVAILABLE TO LANDLORD UNDER THIS
LEASE OR (II) WITHIN THIRTY (30) DAYS FOLLOWING THE DATE ON WHICH POSSESSION OF
THE PROJECT IS OBTAINED BY SUCH HOLDER, IF SUCH ACT OR OMISSION IS NOT CAPABLE
OF BEING REMEDIED WITHOUT POSSESSION OF THE PROJECT; PROVIDED, HOWEVER, THAT IF
SUCH DEFAULT IS NOT CAPABLE OF CURE WITHIN THE RELEVANT THIRTY (30)-DAY PERIOD,
THEN, PROVIDED THAT SUCH HOLDER HAS COMMENCED SUCH CURE WITHIN THE RELEVANT
THIRTY (30)-DAY PERIOD THEN SUCH PERIOD SHALL BE EXTENDED SO LONG AS SUCH HOLDER
IS THEREAFTER DILIGENTLY PURSUING ANY ACTION NECESSARY TO CURE SUCH DEFAULT.
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ARTICLE 10.
ENVIRONMENTAL MATTERS
10.1
HAZARDOUS MATERIALS PROHIBITED.
TENANT SHALL NOT CAUSE OR PERMIT
ANY HAZARDOUS MATERIAL (AS DEFINED IN SECTION 10.2 BELOW) TO BE BROUGHT, KEPT,
USED, GENERATED, RELEASED OR DISPOSED IN, ON, UNDER OR ABOUT THE PREMISES OR THE
PROJECT BY TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS OR INVITEES; PROVIDED,
HOWEVER, THAT TENANT MAY USE, STORE AND DISPOSE OF, IN ACCORDANCE WITH
APPLICABLE LAWS (AS DEFINED IN SECTION 10.2 BELOW) LIMITED QUANTITIES OF
STANDARD OFFICE AND JANITORIAL SUPPLIES, BUT ONLY TO THE EXTENT REASONABLY
NECESSARY FOR TENANT'S OPERATIONS IN THE PREMISES.
TENANT HEREBY INDEMNIFIES
LANDLORD FROM AND AGAINST ANY BREACH BY TENANT OF THE OBLIGATIONS STATED IN THE
PRECEDING SENTENCE, AND HEREBY AGREES TO DEFEND AND HOLD LANDLORD HARMLESS FROM
AND AGAINST ANY ALL CLAIMS, LIABILITY, LOSSES, DAMAGES, COSTS AND/OR EXPENSES
(INCLUDING, WITHOUT LIMITATION, DIMINUTION IN VALUE OF THE PROJECT, DAMAGES FOR
THE LOSS OR RESTRICTION ON USE OF RENTABLE SPACE IN THE PROJECT, DAMAGES ARISING
FROM ANY ADVERSE IMPACT ON MARKETING OF SPACE IN THE PROJECT, AND SUMS PAID IN
SETTLEMENT OF CLAIMS, FINES, PENALTIES, ATTORNEYS' FEES, CONSULTANTS' FEES AND
EXPERTS' FEES) WHICH ARISE DURING OR AFTER THE TERM AS A RESULT OF SUCH BREACH.
THIS INDEMNIFICATION OF LANDLORD BY TENANT INCLUDES, WITHOUT LIMITATION, DEATH
OF OR INJURY TO PERSON, DAMAGE TO ANY PROPERTY OR THE ENVIRONMENT OR NATURAL
RESOURCES AND COSTS INCURRED IN CONNECTION WITH ANY INVESTIGATION OF SITE
CONDITIONS OR ANY CLEANUP, REMEDIAL, REMOVAL OR RESTORATION WORK REQUIRED BY ANY
FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION BECAUSE OF
ANY HAZARDOUS MATERIAL PRESENT IN, ON, UNDER OR ABOUT THE PREMISES OR THE
PROJECT (INCLUDING SOIL AND GROUND WATER CONTAMINATION) WHICH RESULTS FROM