Agmt 2006 Mercy Housing California XXXIII (4)

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20, Chapter 6.7 (Underground Storage of Hazardous Substances), (e) petroleum, (1) asbestos, (g) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 30, (h) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.c. S 1317), (i) defined as a "hazardous waste" pursuant to Section 1004 ofthe Federal Resource Conservation and Recovery Act, 41 US.c. S 6901 et seq. (42 US.C. S 6903), or (j) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 41 US.C. S 9601 et seq. (42 US.c. S 9601). ARTICLE VII SURRENDER AND RIGHT TO REMOVE 7.1 Ownership During Term. 7.1.1 Improvements. During the Term of this Lease the Improvements shall, subj ect to the terms of this Lease, be and remain the property of Landlord. 7.1.2 Personal Property. All personal property, furnishings, trade fixtures and equipment installed by Tenant in, on or around the Property which (i) are not attached to the Property so as to cause substantial damage upon removal, and (ii) are not necessary for the normal operation and occupancy of the Project, shall be the personal property of Tenant (the "Personal Property"). At any time during the Term, Tenant shall have the right to remove the Personal Property provided Tenant shall repair any damage caused by the removal of such Personal Property. Personal Property shall not include any portion or part of major building components or fixtures necessary for the operation of the basic building systems (such as carpeting, elevators, escalators, chillers, boilers, plumbing, electrical systems, lighting, sanitary fixtures and HV AC systems) which shall be deemed a part of the Improvements. 7.2 Ownership at Lease Termination. 7.2.1 Improvements. Upon the expiration or earlier termination of the Lease ("Lease Termination") the Improvements shall unconditionally be and become the property solely of Landlord, and no compensation therefor shall be due or paid by Landlord to Tenant for any part thereof, and this Lease shall operate as a conveyance and assignment thereof. Upon Lease Termination, Tenant shall surrender to Landlord the Property in good order, condition and repair, reasonable wear and tear excepted, free and clear of all liens, claims and encumbrances, subleases, other than those matters existing prior to the Effective Date or matters subsequently created or consented to by Landlord. Upon Lease Termination, at Landlord's request Tenant agrees to execute, acknowledge and deliver to Landlord such recordable instruments as are necessary or desirable to confirm the termination of the Lease and all Tenant's rights hereunder and to perfect Landlord's right, title and interest in and to the Property. 7.2.2 Personal Property. Any Personal Property may be removed prior to Lease Termination by Tenant; provided, however, the removal shall be with due diligence, and without expense to Landlord, and any part of the Property damaged by such removal shall be promptly repaired. Any Personal Property which remains on the Property for thirty (30) days after the 833368-4 14