Agmt 2013 Alameda County Fire Department ACFD

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condition, by the Lessee, on any real property adjoining or in the vicinity of the Premises classified as "Border Zone Property"under the provisions of California Health and Safety Code section 25220 et seq., or any regulation adopted in connection therewith,that may in any way affect the Premises pursuant to any Hazardous Materials Laws or cause it or any part thereof to be designated as Border Zone Property. The matters set forth in the foregoing clauses (i)through (iv) are hereinafter referred to as "Hazardous Materials Claims." (d) Without the City's prior written consent,which shall not be unreasonably withheld,the Lessee shall not take any remedial action in response to the presence of any Hazardous Materials in, on, under, or about the Premises(other than in emergency situations or as required by governmental agencies having jurisdiction in which case the City agrees to provide its consent), nor enter into any settlement agreement, consent decree, or other compromise with respect to any Hazardous Materials Claim. (e) If the presence of any Hazardous Material on the Premises results in any contamination of the Premises in violation of Hazardous Materials Laws,except to the extent such contamination is caused by the City,the Lessee shall promptly take all actions at its sole expense as are necessary to remediate the Premises as required by law;provided that the Lessee first obtains the City's approval of such actions,which approval may be withheld in the City's reasonable discretion. All costs and expenses of any Remedial Work shall be paid by the Lessee, it being understood that the City shall incur no cost, expense or liability in connection with any Remedial Work. The City shall have the right,but not the obligation,to join and participate in, as a party if it so elects at the City's cost, any legal proceedings or actions initiated in connection with any Hazardous Material Claims. 14. RIGHT TO ENTER UPON PREMISES. The City,by and through its proper officers, employees, and agents reserves and shall always have the right to enter upon the Premises for the purpose of viewing and ascertaining the condition of same and the operation and maintenance thereof. 15. CITY'S RIGHT TO PERFORM LESSEE OBLIGATIONS. If following notice and the expiration of any applicable cure period as set forth in this Agreement,the Lessee fails to perform its obligations to maintain the Premises in accordance with the standards set forth in this Agreement,the City shall have the right, but not the obligation,to perform such work upon delivery of written notice to the Lessee, and the Lessee shall reimburse the City for all expenditures the City incurs in connection with such work. The City's election to undertake such obligation shall not operate as a waiver of any other right or remedy the City may have pursuant to this Agreement. Notwithstanding any contrary provision herein,the City shall not be obligated to make any repairs, alterations, additions, improvements or betterments to the Premises during the term of this Agreement nor shall the City be obligated to maintain or operate the Premises. 16. NOTICE. Until further notice in writing, any demand or notice which either Party shall be required or may desire to make upon or give to the other, shall be in writing. Such demand or notice shall be delivered personally or sent by registered or certified mail, addressed to the respective Parties as follows: 6