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Property or any part thereof any lien or stop notice on account of materials supplied to or labor <br />performed on behalf of Borrower. If a claim of a lien or stop notice is given or recorded affecting <br />the Project or the Property, Borrower shall within twenty (20) days of such recording or service: (a) <br />pay and discharge (or cause to be paid and discharged) the same; or (b) effect the release thereof by <br />recording and delivering (or causing to be recorded and delivered) to the parry entitled thereto a <br />surety bond in sufficient form and amount; or (c) provide other assurance satisfactory to City that the <br />claim of lien or stop notice will be paid or discharged. <br />2.13 Construction Pursuant to Plans; Compliance with Laws; Prevailing Wages._The <br />provisions of this Section 2.14 shall apply following Borrower's acquisition of the Property: <br />(a) Borrower shall construct the Project in conformance with the plans and specifications <br />approved by the City. <br />(b) Borrower shall cause all work performed in connection with the Project to be <br />performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, <br />regional and local agencies now in force or that may be enacted hereafter, including without <br />limitation and to the extent applicable, the prevailing wage provisions of the federal Davis -Bacon <br />Act (40 USC 3141-3148) and implementing rules and regulations (collectively "Davis -Bacon"), <br />pursuant to Section 4.2 (121 and state prevailing wages pursuant to Labor Code Section 1770 et seq., <br />and the regulations adopted pursuant thereto ("State Prevailing Wage Laws"). <br />(c) Borrower shall indemnify, hold harmless and defend (with counsel reasonably <br />acceptable to the City) the City against any claim for damages, compensation, fines, penalties or <br />other amounts (including attorney's fees) arising out of the failure or alleged failure of any person or <br />entity (including the Borrower, its contractor and subcontractors) to comply with all applicable laws <br />in connection with the construction and/or operation of the Project, including without limitation, any <br />failure to pay prevailing wages as determined pursuant to the prevailing wage provisions of the <br />Davis -Bacon Act and State Prevailing Wage Laws in connection with the construction of the Proj ect <br />or any other work undertaken or in connection with the Property. The requirements in this <br />Subsection shall survive repayment of the Loan and the reconveyance of the Deed of Trust. <br />2.14 Hazardous Materials. The provisions of this Section 2.14 shall apply following <br />Borrower's acquisition of the Property: <br />(a) Borrower's Obligations. Borrower hereby covenants and agrees that: <br />(1) Borrower shall not knowingly permit the Property or any portion thereof to be a <br />site for the use, generation, treatment, manufacture, storage, disposal or transportation of Hazardous <br />Material (as defined in Section 2.14(c)(i) of this Agreement) or otherwise knowingly permit the <br />presence or release of Hazardous Material in, on, under, about or from the Property with the <br />exception of limited amounts of cleaning supplies and other materials customarily used in <br />construction, rehabilitation, use or maintenance of residential properties similar in nature to the <br />Property and any commercial uses developed as part of the Project, and used, stored and disposed of <br />in compliance with Environmental Laws (as defined in Section 2.14(c)(ii) of this Agreement). <br />2220130.1 Page 10 <br />