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<br />or the Improvements except those that Borrower may in good faith contest or as to which a bona
<br />fide dispute may arise, provided provision is make to the satisfaction of City for eventual
<br />payment thereof in the event that it is found that the same is an obligation of Borrower.
<br />
<br />4.11 LlTIGA TION. Borrower shall provide written notice to City within five business
<br />days after Borrower acquires knowledge of any litigation pending or threatened against Borrower
<br />involving a claim exceeding Fifty Thousand Dollars ($50,000).
<br />
<br />4.12 EXPENSES OF COLLECTION OR ENFORCEMENT. If at any time Borrower
<br />defaults under any provision of the City Documents, Borrower shall pay to the City in addition to
<br />any other sums that may be due to City, an amount equal to the costs and expenses (including
<br />without limitation, attorneys' fees and expenses) City incurs in connection with the collection,
<br />enforcement, or correction of the default, and such amounts shall be a part ofthe indebtedness
<br />secured by the Deed of Trust.
<br />
<br />4.13 HAZARDOUS MATERIALS.
<br />
<br />4.13.1 Covenants. Borrower shall not cause or permit any Hazardous Materials
<br />(as defined below) to be brought upon, kept, stored or used in, on, or about the Property by
<br />Borrower, or the agents, employees, contractors or invitees of Borrower except for materials
<br />commonly used in construction activities similar to those related to the Project, or in the
<br />operation and maintenance ofthe Property and the Improvements, in each case in compliance
<br />with all applicable laws, and shall not cause any release of Hazardous Materials into, onto, under
<br />or through the Property. If any Hazardous Material is discharged, released, dumped, or spilled
<br />in, on, under, or about the Property and results in any contamination of the Property or adjacent
<br />property, or otherwise results in the release or discharge of Hazardous Materials in, on, under or
<br />from the Property, Borrower shall promptly take all actions at Borrower's sole expense as are
<br />necessary to comply with all Environmental Laws (as defined below).
<br />
<br />~~Hazardous Materials" means any substance, material or waste which is or
<br />becomes regulated by any federal, state or local governmental authority, and includes without
<br />limitation (i) petroleum or oil or gas or any direct or indirect product or by-product thereof;
<br />(ii) asbestos and any material containing asbestos; (iii) any substance, material or waste regulated
<br />by or listed (directly or by reference) as a "hazardous substance", "hazardous material",
<br />"hazardous waste", "toxic waste", "toxic pollutant", "toxic substance", "solid waste" or
<br />"pollutant or contaminant" in or pursuant to, or similarly identified as hazardous to human health
<br />or the environment in or pursuant to, the Toxic Substances Control Act [15 U.S.c. 2601, et seq.];
<br />the Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.c.
<br />Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49 U.S.c.
<br />Section 5101, et seq.], the Resource Conservation and Recovery Act [42 U.S.C. 6901, et seq.],
<br />the Federal Water Pollution Control Act [33 U.S.c. Section 1251], the Clean Air Act [42 U.S.C.
<br />Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act
<br />[California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances
<br />Account Act [California Health and Safety Code Section 25300, et seq.], the California
<br />Hazardous Waste Act [California Health and Safety Code Section 25100, et seq.], the California
<br />Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code Section
<br />25249.5, et seq.], and the Porter-Cologne Water Quality Control Act [California Water Code
<br />
<br />818012-3
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