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<br />The obligations of Owner under this Section shall survive the expiration or termination of
<br />this Agreement.
<br />5.9 Reserved.
<br />5.10 TAXES AND OTHER LIABILITIES. Owner shall pay and discharge when due
<br />any and all indebtedness, obligations, assessments, taxes, including federal and s tate
<br />payroll and income taxes which are the obligations of Owner in relation to the Project and
<br />the Business, the Premises, or the Improvements except those that Owner may in good
<br />faith contest or as to which a bona fide dispute may arise, provided provision is make to the
<br />satisfaction of City for eventual payment thereof in the event that it is found that the same is
<br />an obligation of Owner.
<br />5.11 Reserved.
<br />5.13 HAZARDOUS MATERIALS.
<br />5.13.1 Covenants. Owner shall not cause or permit any Hazardous Materials
<br />(as defined below) to be brought upon, kept, stored or used in, on, or about the Premises
<br />by Owner, or the agents, employees, contractors or invitees of Owner except for materials
<br />commonly used in construction activities similar to those related to the Project, or in the
<br />operation and maintenance of the Premises and the Improvements, in each case in
<br />compliance with all applicable laws, and shall not cause any release of Hazardous
<br />Materials into, onto, under or through the Premises. If any Hazardous Material is
<br />discharged, released, dumped, or spilled in, on, under, or about the Premises and results in
<br />any contamination of the Premises or adjacent property, or otherwise results in the release
<br />or discharge of Hazardous Materials in, on, under or from the Premises, Owner shall
<br />promptly take all actions at Owner’s sole expense as are necessary to comply with all
<br />Environmental Laws (as defined below).
<br />“Hazardous Materials” means any substance, material or waste which is or becomes
<br />regulated by any federal, state or local governmental authority, and includes without limitation
<br />(i) petroleum or oil or gas or any direct or indirect product or by-product thereof; (ii) asbestos
<br />and any material containing asbestos; (iii) any substance, material or waste regulated by or
<br />listed (directly or by reference) as a “hazardous substance”, “hazardous material”,
<br />“hazardous waste”, “toxic waste”, “toxic pollutant”, “toxic substance”, “solid waste” or
<br />“pollutant or contaminant” in or pursuant to, or similarly identified as hazardous to human
<br />health or the environment in or pursuant to, the Toxic Substances Control Act [15 U.S.C.
<br />2601, et seq.]; the Comprehensive Environmental Response, Compensation and Liability Act
<br />[42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act
<br />[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
<br />Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of Hazardous
<br />Substances Act [California Health and Safety Code Section 25280, et seq.], the California
<br />Hazardous Substances Account Act [California Health and Safety Code Section 25300, et
<br />seq.], the California Hazardous Waste Act [California Health and Safety Code Section 25100,
<br />et seq.], the California Safe Drinking Water and Toxic Enforcement Act [California Health and
<br />Safety Code Section 25249.5, et seq.], and the Porte r-Cologne Water Quality Control Act
<br />[California Water Code Section 13000, et seq.], as they now exist or are hereafter amended,
<br />together with any regulations promulgated thereunder; (iv) any substance, material or waste
<br />DocuSign Envelope ID: 85AFD7DB-51EA-45B2-9809-AAE85EE33DC4
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