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~ ~ 4.1.1 Additional Uses. If any such uses require the construction of any improvements requiring a building permit, such use shall be considered an Improved Use as set forth in Section 4.1.2 of this Agreement. 4.1.2 Improved Use. If Waste Management desires to construct physical improvements on the Premises that require a building permit, other than construction of surface finishes for purposes of storage, parking, roadway or other similar usage, such improvements will be considered an "Improved Use." Upon issuance of such building permit, Waste Management shall notify the City of the Improved Use and shall, no later than 120 days from the issuance of the building permit, either purchase the Premises at fair market value (determined in accordance with the rules set forth in Section 3.1.1 above) or begin payment of an annual amount of fair market value rent. The fair market purchase price or the fair market rent shall be calculated asset forth in 3.1.1 of this Agreement. In the event Waste Management agrees to purchase the Premises for the Improved Use, City and Waste Management shall enter into an agreement to open an escrow and complete the purchase of the Premises within one hundred twenty (120) days of agreement as to the fair market purchase price unless otherwise agreed. All closing costs for sale of the Premises shall be borne by City and Waste Management. Upon the close of escrow, this Lease shall immediately terminate. 4.2 Operation of Premises 4.2.1 Use. Waste Management shall use and operate the Premises in a safe, clean and sanitary manner. Waste Management shall obtain all necessary governmental entitlements to operate the Premises, and shall abide by any reasonable conditions of use reasonably imposed by the City of San Leandro or any other governmental agency with appropriate jurisdiction, as well as any and all laws existing now or as hereafter may be imposed by a federal, state, or local governmental body. 4.2.2 Improvements. In the event of commencement of the Improved Use Term and development of an Improved Use on the Premises, Waste Management shall bear all costs of development of the Improved Use. 4.3 Reservations to City 4.3.1 City's Right to Grant Easements. City may at its sole cost and expense install, lay, construct, maintain, repair and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, connections; water, oil, and gas pipelines; and telephone and telegraph power lines and such other appliances and appurtenances necessary to use in connection therewith, over, in, upon, through, across and along the Premises or any part thereof, as will not, in the sole discretion of Waste Management, interfere with Waste Management's operations hereunder. City may enter thereupon for any and all such purposes subject to all of the conditions set forth in this Section 4.3.1. In addition, City reserves the right to enter and have access to the Premises on not less than three (3) days priorwritten notice accompanied by an employee of Waste Management at all times in order to make, construct or carry out such improvements, City will cause the surface of the Premises and all improvements thereon to 622009-1