Agmt 2009 Alameda Housing Associates LP

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Agency shall be entitled to reimbursement from Developer for all costs and expenses incurred by Agency associated with and attributable to the curing of the default or breach and such sum shall constitute a part of the indebtedness secured by the Agency Deed of Trust. 7.6 Folder to be Notified_ Developer agrees to use best efforts to ensure that each term contained herein dealing with security financing and rights of holders shall be either inserted into the relevant deed of trust or mortgage or acknowledged by the holder prior to its creating any security right or interest in the Property or the Improvements. 7.7 Modifications to Agreement. Agency shall not unreasonably withhold its consent to modifications of this Agreement requested by Project lenders or investors provided such modifications do not alter Agency's substantive rights and obligations under this Agreement. 7.8 Estoppel Certificates. Either Party shall, at any time, and from time to time, within fifteen (] 5) days after receipt of written request from the other Party, execute and deliver to such Party a written statement certifying that, to the knowledge of the certifying Party: (i) this Agreement is in full force and effect and a binding obligation of the Parties (if such be the case), (ii) this Agreement has not been amended or modified, or if so amended, identifying the amendments, and (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature of any such defaults. ARTICLE VIII ENVIRONMENTAL MATTERS 8. ] No Agency Liability; Developer's Covenants. Neither Agency nor City shall be responsible for the cost of any soil, groundwater or other environmental remedi~tion or other response activities for any Hazardous Materials existing or occurring in, on, under or about the Improvements, the Property or any portion thereof. From and after Developer's acquisition of a leasehold interest in the Property, upon receipt of any notice regarding the presence, release or discharge ofI~azardous Materials in, on or under the Improvements, the Property, or any portion thereof, Developer agrees to timely initiate and diligently pursue and complete all appropriate response, remediation and removal actions for the presence, release or discharge of such Hazardous Materials within such deadlines as specified by applicable Environmental Laws; provided however, Developer may cause the Ground Lease to provide that the owner of fee title to the Property may be responsible for undertaking the foregoing actions with respect to the presence, release or discharge is caused by Hazardous Materials which were not brought onto the Property after the effective date of the Ground Lease. Developer hereby covenants and agrees that commencing upon Developer's acquisition of a leasehold interest in the Property: (i) Developer shall not knowingly permit the Project or the Property or any portion of either to be a site for the use, generation, treatment, manufacture, storage, disposal or transportation of Hazardous Materials or otherwise knowingly permit the presence or release of Hazardous Materials in, on, under, about or from the Project or the Property with the exception of cleaning supplies and other materials customarily used in construction, operation or maintenance of residential property and any commercial uses developed as part of the Project, and used, stored and disposed of in compliance with Hazardous Materials Laws, and ~ i~sys~-s 27