Reso 1998-059 (Missing 1996-056 through 1996-058)

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tear, but without limiting Tenant's obligations to maintain, repair, replace and refurbish the Facility as provided in this Lease. Section 6.2 Environmental Obligations Landlord shall be responsible, in compliance with Applicable Laws and Environmental Laws, for the remediation, cleanup and/or removal of any Hazardous Materials (i) existing on the Site prior to the delivery of the Premises to Tenant, excepting any obligations Tenant may have under the Development Agreement, or (ii) released, deposited or introduced by Landlord or its contractors, agents or representatives, but only to the extent remediation could legally be required by a governmental authority having jurisdiction. Tenant shall cooperate with Landlord in connection with any removal or remediation required to be performed by Landlord, including, without limitation, granting Landlord permission to enter the Premises and furnishing Landlord with copies of all reports, studies, and other documents prepared by or for Tenant with regard to the Hazardous Materials. Tenant shall be responsible, at Tenant's sole cost and expense, for any Hazardous Materials placed or disposed of on the Site or Improvements by Tenant or by any permitted invitees, sublessees, agents, contractors, employees, or licensees of Tenant. If Landlord is required but fails to perform or pay for the cost of any environmental cleanup or removal for which it is responsible and an Event of Default exists with respect to such failure, Tenant shall have the right to do so and to offset the amount spent against Rent. Section 6.3 Traffic and Land Use Mitigation Landlord shall be responsible for the mitigation costs of any land use entitlement conditions for the Site. If Landlord is required but fails to pay for the cost of any land use LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT 002574.0001\409817.4 PAGE 34