Housing Consortium of the East Bay Ground Lease 20231030

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30 ARTICLE 11. REPRESENTATIONS AND WARRANTIES Section 11.1 Representations, Warranties and Covenants of Lessor. As an inducement to Lessee to enter into and proceed under this Ground Lease, Lessor warrants and represents to Lessee as follows, which warranties, representations and covenants are true and correct as of the date of this Ground Lease, to the actual knowledge of Lessor: (a) Lessor has the right, power and authority to enter into this Ground Lease and to lease the Leased Premises to Lessee in accordance with the terms, provisions and conditions contained in this Ground Lease, and no other party has any right or option to lease the Leased Premises; (b) Lessor has received no written notice and has no actual knowledge of any litigation or action, pending or threatened, materially and adversely affecting the Leased Premises; (c) Lessor has received no written notice and has no actual knowledge of any pending or threatened Taking relating to all or any part of the Leased Premises; (d) the entry by Lessor into this Ground Lease with Lessee and the performance of all of the terms, provisions and conditions contained herein will not, or with the giving of notice or the passage of time, or both, would not, violate or cause a breach or default under any other agreement relating to the Leased Premises to which Lessor is a party or by which it is bound; (e) except as disclosed to Lessee or as is apparent from Lessee's inspection, there is no tenant, lessee or other occupant of the Leased Premises having any right or claim to possession or use of the Leased Premises; (f) Lessor has received no written notice and has no actual knowledge of any violations of any Legal Requirements affecting any portion of the Leased Premises that materially affect the development of the Improvements; (g) To Lessor's actual knowledge, there is no notice from any Governmental Authority or any Person, claiming any violation of any Legal Requirement pertaining to Hazardous Materials or any liability thereunder, or requiring or calling any attention to the need for any environmental remediation on or in connection with the Leased Premises, and Lessor, its agents or employees have not ever been informed of any threatened or proposed serving of any such notice of violation or corrective work order; (h) Except for any representations and warranties specifically with respect to the condition of the Leased Premises set forth in this Agreement, Lessor makes no representation or warranty with respect to the condition of the Leased Premises or the Leased Premises or their fitness or availability for any particular use. Section 11.2 Representations, Warranties and Covenants of Lessee. As an inducement to Lessor to enter into and to proceed under this Ground Lease, Lessee warrants and DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0