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<br /> 3239132.3 City Loan Agreement
<br />concerning (i) pollution or protection of the environment, including natural resources; (ii) exposure of persons,
<br />including employees and agents, to Hazardous Materials (as defined above) or other products, raw materials,
<br />chemicals or other substances; (iii) protection of the public health or welfare from the effects of by-products,
<br />wastes, emissions, discharges or releases of chemical substances from industrial or commercial activities;
<br />(iv) the manufacture, use or introduction into commerce of chemical substances, including without limitation,
<br />their manufacture, formulation, labeling, distribution, transportation, handling, storage and disposal; or (iv)
<br />the use, release or disposal of toxic or hazardous substances or Hazardous Materials or the remediation of
<br />air, surface waters, groundwaters or soil, as now or may at any later time be in effect, including but not limited
<br />to the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response,
<br />Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation
<br />Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery Act [42 U.S.C.
<br />6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C.
<br />Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act [California Health
<br />and Safety Code Section 25280, et seq.], the California Hazardous Substances Account Act [California
<br />Health and Safety Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and
<br />Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act
<br />[California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control
<br />Act [California Water Code Section 13000, et seq.], as they now exist or are hereafter amended, together
<br />with any regulations promulgated thereunder.
<br />3.10 PREVAILING WAGES. Borrower shall pay and shall cause Borrower’s contractor and
<br />subcontractors to pay prevailing wages in the construction of the Improvements as those wages are
<br />determined pursuant to Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto
<br />(“Prevailing Wage Laws”) and shall comply or shall cause the contractor and subcontractors to comply with
<br />all other applicable provisions of the Prevailing Wage Laws. Borrower shall maintain or shall cause the
<br />contractor and subcontractors to maintain such records as are necessary to determine if prevailing wages
<br />have been paid as required pursuant to the Prevailing Wage Laws during the construction of the Project.
<br />Borrower shall cause the contractor to post at the Property the applicable prevailing rates of per diem wages.
<br />Borrower shall indemnify, defend (with counsel approved by City) and hold the Indemnitees harmless from
<br />and against all Liabilities which directly or indirectly, in whole or in part, are caused by, arise in connection
<br />with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment
<br />or requirement of payment of prevailing wages (including without limitation, all claims that may be made by
<br />contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781),
<br />the failure to comply with all applicable state and federal labor laws, regulations andstandards in connection
<br />with the construction of the Project, including but not limited to the Prevailing Wage Laws, or any act or
<br />omission of Borrower or Borrower’s contractors and subcontractors with respect to the payment or
<br />requirement of payment of prevailing wages, whether or not any insurance policies shall have been
<br />determined to be applicable to any such Claims. It is further agreed that City does not, and shall not, waive
<br />any rights against Borrower which it may have by reason of this indemnity and hold harmless agreement
<br />because of the acceptance by City, or the deposit with City, of any of the insurance policies described in this
<br />Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement and
<br />the making and repayment of the City Loan.
<br />ARTICLE IV
<br />NEGATIVE COVENANTS
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