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released, deposited or introduced by Landlord or its contractors, agents or representatives, <br />but only to the extent remediation could legally be required by a governmental authority <br />having jurisdiction. Tenant shall cooperate with Landlord in connection with any removal or <br />remediation required to be performed by Landlord, including, without limitation, granting <br />Landlord permission to enter the Premises and furnishing Landlord with copies of all reports, <br />studies, and other documents prepared by or for Tenant with regard to the Hazardous <br />Materials. Tenant shall be responsible, at Tenant's sole cost and expense, for any Hazardous <br />Materials placed or disposed of on the Premises or Improvements by Tenant or by any <br />permitted invitees, sublessees, agents, contractors, employees, or licensees of Tenant. If <br />Landlord is required but fails to perform or pay for the cost of any environmental cleanup or <br />removal for which it is responsible and an Event of Default exists with respect to such <br />failure, Tenant shall have the right to do so and to offset the amount spent against Rent. <br />Section 6.3 Traffic and Land Use Mitigation <br />Landlord shall be responsible for the mitigation costs of any land use entitlement <br />conditions for the Premises, including, without limitation, the construction of the Collateral <br />Improvements. If Landlord is required but fails to pay for the cost of any land use <br />entitlement conditions and an Event of Default exists with respect to such failure, Tenant <br />shall have the right to do so and to offset the amount spent against Rent. <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 33 <br />2574001\313983.8 <br />