8N Consent 2008 0902 - Laserfiche WebLink

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ARTICLE V USE OF PROPERTY; DEMOLITION OF IMPROVEMENTS 5.1 Permitted Use; Demolition. Agency shall have the right to demolish all improvements located on the Property at Agency's expense. Agency shall be permitted to use the Property as a parking lot and for related purposes and uses. At all times during the Term of this Lease and at Agency's sole cost, Agency shall maintain and keep the Property in good condition. All expenses related to the improvement, operation and maintenance of the Property during the Term shall be borne by Agency. 5.2 Agency Covenants. Agency shall not do or permit to be done on the Property, nor bring or keep or permit to be brought or kept in the Property, anything (i) which is prohibited by or in conflict with any law, ordinance, or governmental rule; (ii) which is prohibited by the standard form of fire insurance policy; or (iii) which will increase the existing rate of or affect fire or other insurance on the Property or its contents or cause a cancellation of any insurance policy covering the Property or any part thereof. Agency shall not use or allow the Properly to be used for any unlawful purpose, nor shall Agency cause, maintain, or permit any nuisance or waste on or about the Property. Agency shall comply with all laws and governmental rules now or later in force insofar as they relate to the use or occupancy of the Property. ARTICLE VI HAZARDOUS MATERIALS 6.1 Agency Covenants. Agency shall not permit any Hazardous Material, as defined in Section 6.5, to be generated, used, stored or disposed of on the Property, except for substances which are ordinarily and customarily used in connection with the operation of parking lots, provided that such use is in compliance with applicable laws. 6.2 Lessor Representations. Lessor represents and warrants to Agency that as of the Commencement Date (i) there are no Hazardous Materials in, on or under the Property; (ii) Lessor has received no notice that the Property is in violation of any applicable environmental laws; and (iii) the Property is in compliance with applicable environmental laws. 6.3 Environmental Reports. Agency has obtained the following environmental studies of the Property: Phase I Environmental Site Assessment of 262 Davis Street, San Leandro, CA 945'17, prepared by SOMA Environmental Engineering, Inc., dated August 7, 2006 ("Phase I Report"). Agency intends to obtain an updated Phase I for the Property prior to the Commencement Date. 6.4 Indemnity. Lessor and Agency shall each indemnify, protect, defend and hold the other harmless from (i) any breach of their respective representations or warranties set forth in this Article VI, and (ii) all claims, damages, liabilities or expenses arising out of the release of Hazardous Materials or the violation of any applicable environmental law by such party, or such party's employees, agents, contractors or representatives. This indemnification includes all penalties, fines, remedial or enforcement actions, environmental consultant fees and attorneys fees resulting from such release or violation of law. 11372203