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<br />The provisions of this Section 9.4 shall survive the expiration or termination of this Ground
<br />Lease.
<br />
<br />ARTICLE 10.
<br />HAZARDOUS MATERIALS
<br />Section 10.1 Hazardous Materials. Lessee shall not knowingly permit the Leased
<br />Premises or any portion thereof to be a site for the use, generation, treatment, manufacture,
<br />storage, disposal or transportation of Hazardous Materials or otherwise knowingly permit
<br />the presence or release of Hazardous Materials in, on, under, about or from the Leased
<br />Premises except: (a) as may be authorized by an agency of applicable jurisdiction, (b)
<br />for cleaning supplies and other materials in volumes and concentrations customarily used
<br />in construction, rehabilitation, use or maintenance of residential properties similar in nature
<br />to the Leased Premises, and used, stored and disposed of in compliance with Environmental
<br />Laws; and (c) as may otherwise be allowed under Environmental Laws.
<br />Lessee shall take commercially reasonable action to prevent the release of any Hazardous
<br />Materials into the environment from the Leased Premises. Such precautions shall include
<br />compliance with all Governmental Requirements with respect to Hazardous Materials. In
<br />addition, Lessee shall install and utilize such equipment and implement and adhere to such
<br />procedures as are consistent with the standards generally applied by apartment complexes in
<br />Alameda County, California, as respects the disclosure, storage, use, removal, and disposal of
<br />Hazardous Materials.
<br />Notwithstanding the obligation of Lessee to indemnify Lessor and its officers, officials,
<br />members, employees, agents, and representatives pursuant to this section, and provided no
<br />Hazardous Materials exist on the Leased Premises as a result of Lessor’s action, Lessee shall, at
<br />its sole cost and expense, promptly take (i) all actions required by any federal, state, regional, or
<br />local governmental agency or political subdivision or any Environmental Laws and (ii) all
<br />actions necessary to make full economic use of the Leased Premises for the purposes
<br />contemplated by the Regulatory Agreement, the Project Homekey Agreement and this Ground
<br />Lease, which requirements or necessity arise from the presence upon, about, or beneath the
<br />Leased Premises, of any Hazardous Materials. Such actions shall include, but not be limited to,
<br />the investigation of the environmental condition of the Leased Premises, the preparation of any
<br />feasibility studies or reports, and the performance of any cleanup, remedial, removal, or
<br />restoration work.
<br />In the event of a release of any Hazardous Materials into the environment, Lessee shall,
<br />as soon as possible after it becomes aware of the release, furnish to the Lessor a copy of any and
<br />all reports relating thereto and copies of all correspondence with governmental agencies relating
<br />to the release. Upon request of the Lessor, Lessee shall furnish to the Lessor a copy or copies of
<br />any and all other environmental entitlements or inquiries relating to or affecting the Leased
<br />Premises including, but not limited to, all permit applications, permits, and reports, including,
<br />without limitation, those reports and other matters which may be characterized as confidential.
<br />DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0
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