169-10 Contract

written to Lessor, and in full compliance with all applicable municipal and state laws, Lessee has the right to remove obstructions from Lessor’s Property, including but not limited to vegetation, which may encroach upon, interfere with or present a hazard to Lessee’s use of the Leased Premises or the Non- exclusive licenses. In the event of an emergency including, without limitation, when there may be a potentially dangerous situation or circumstances causing or threatening to cause interference to Lessee’s operations, Lessee shall provide notice as soon as is practicable to Lessor. Lessee shall dispose of any materials removed in accordance with applicable municipal and state law. All such actions shall conform to all leases and sub-leases. Preservation of Existing Leases. Lessee agrees that it shall not take any action or inaction which shall materially adversely affect the existing leases or cause a default in any existing lease. To the extent Lessee receives any notice concerning any defaults or breaches by Lessee of the Existing Ground Leases, Lessee shall notify Lessor in writing within ten (10) days of Lessee’s receipt of said notices. Lessee shall address any such notice in a timely commercially reasonable manner, and upon Lessor’s request, shall keep Lessor apprised of any ongoing attempt to resolve the alleged default or breach. Hazardous Materials. (A) Lessee’s Obligation and Indemnity. Lessee shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials on or from the Leased Premises in any manner prohibited by law. Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys’ fees, and consultants’ and experts’ fees) from the release of any Hazardous Materials on the Leased Premises if caused by Lessee or persons acting under Lessee. (B) Lessor’s Obligation and Indemnity. Lessor shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials on or from Lessor’s Property or Leased Premises in any manner prohibited by law. Lessor shall indemnify and hold Lessee harmless from any and all claims, damages, fines, judgments,

ous Materials on or from Lessor’s Property or Leased Premises in any manner prohibited by law. Lessor shall indemnify and hold Lessee harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys’ fees, and consultants’ and experts’ fees) from the release of any Hazardous Materials on Lessor’s Property or the Leased Premises if caused by Lessor or persons acting under Lessor. Real Estate Taxes. Lessor shall pay all real estate taxes on Lessor’s Property, if any. Lessee agrees to pay for any real or personal property taxes attributable to the Leased Premises and the Improvements constructed by Lessee on the Leased Premises. Lessee reserves the right to challenge any assessment, and Lessor agrees to cooperate with Lessee in connection with any such challenge. Insurance. Lessee, at its sole expense, shall obtain and keep in force insurance upon the Leased Premises with liability and environmental coverage of at least one-million dollars ($1,000,000) per occurrence and three-million dollars ($3,000,000) aggregate, listing the Lessor as an additional insured. Upon request, Lessee shall provide to Lessor proof of insurance, and notify Lessor of any change, cancellation, or termination of coverage. In the event Lessee fails to supply evidence of insurance, Lessor shall be entitled to procure insurance at the expense of the Lessee. Lessee shall provide proof of such coverage within thirty (30) days of each anniversary of the Commencement Date. Lessor, at its sole expense, shall obtain and keep in force insurance upon the Lessor’s Property with liability and environmental coverage of at least one-million dollars ($1,000,000) per occurrence and three-million dollars ($3,000,000) aggregate, listing the Lessee as an additional insured. Upon request, Lessor shall provide to Lessee proof of insurance, and notify Lessee of any change, cancellation, or termination of coverage. In the event Lessor fails to supply evidence of insurance, Lessee shall be entitled to procure insurance at the expense of the Lessor. Lessor shall provide proof of such coverage within thirty (30) days of each anniversary of the Commencement Date. PPAB 1693726v5 4 West Orange; BU878830