Laserfiche WebLink
<br />9 <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