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<br />F. The Parties will also enter into a separate Operating Subsidy Agreement pursuant to
<br />which Lessor will agree to provide specified payments to Lessee as necessary for payment of the
<br />costs of operation of the Project, as set forth therein.
<br />NOW, THEREFORE, for and in consideration of the foregoing premises, the covenants,
<br />representations, warranties and agreements set forth herein, and other good and valuable
<br />consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
<br />do hereby agree as follows:
<br />ARTICLE 1.
<br />DEFINITIONS
<br />Section 1.1 Definitions. For the purposes of this Ground Lease, the following defined
<br />terms shall have the meanings ascribed thereto in this Article 1:
<br />(a) “Applicable Laws” is defined in Section 4.5.
<br />(b) “Casualty” is defined in Article 13.1 hereof.
<br />(c) “City” means the City of San Leandro, California.
<br />(d) “City Rehabilitation Grant” means that certain grant to be provided by
<br />City to Lessee for the purposes of the rehabilitation and operation of the Improvements in the
<br />amount of Five Million Two Hundred Thousand Dollars ($5,200,000).
<br />(e) “Claims” means collectively: claims, demands, actions, causes of action,
<br />suits, judicial or administrative proceedings, damages, losses, liabilities, costs, expenses
<br />(including without limitation reasonable attorneys' fees), damages, penalties, deficiencies, fines,
<br />orders, charges, judgments, remedial action requirements, and enforcement actions of any kind.
<br />(f) “Commencement Date” means the date set forth in the first paragraph of
<br />this Ground Lease.
<br />(g) “County” means the County of Alameda, California.
<br />(h) “Environmental Laws” means all federal, state or local statutes,
<br />ordinances, rules, regulations, orders, decrees, judgments or common law doctrines, and
<br />provisions and conditions of permits, licenses and other operating authorizations regulating, or
<br />relating to, or imposing liability or standards of conduct concerning (i) pollution or protection of
<br />the environment, including natural resources; (ii) exposure of persons, including employees and
<br />agents, to Hazardous Materials or other products, raw materials, chemicals or other substances;
<br />(iii) protection of the public health or welfare from the effects of by-products, wastes, emissions,
<br />discharges or releases of chemical substances from industrial or commercial activities; (iv) the
<br />manufacture, use or introduction into commerce of Hazardous Materials, including without
<br />limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage
<br />and disposal; or (iv) the use, release or disposal of Hazardous Materials or the remediation of air,
<br />surface waters, groundwater or soil, as now or may at any later time be in effect, together with
<br />any regulations promulgated thereunder.
<br />DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0
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