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4.9 Reserved. <br />4.10 TAXES AND OTHER LIABILITIES. Owner shall pay and discharge when due <br />any and all indebtedness, obligations, assessments, taxes, including federal and state <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 />4.11 Reserved. <br />4.13 HAZARDOUS MATERIALS. <br />4.13.1 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 <br />limitation (i) petroleum or oil or gas or any direct or indirect product or by-product thereof; <br />(ii) asbestos and any material containing asbestos; (iii) any substance, material or waste <br />regulated by or listed (directly or by reference) as a "hazardous substance", "hazardous <br />material", "hazardous waste", "toxic waste", "toxic pollutant", "toxic substance", "solid waste" <br />or "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 <br />Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation Authorization <br />Act [49 U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery Act [42 <br />U.S.C. 6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the <br />Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of <br />Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the <br />California Hazardous Substances Account Act [California Health and Safety Code Section <br />25300, et seq.], the California Hazardous Waste Act [California Health and Safety Code <br />Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act <br />[California Health and Safety Code Section 25249.5, et seq.], and the Porter -Cologne <br />Water Quality Control Act [California Water Code Section 13000, et seq.], as they now exist <br />or are hereafter amended, together with any regulations promulgated thereunder; (iv) any <br />substance, material or waste which is defined as such or regulated by any "Superfund" or <br />"Superlien" law, or any Environmental Law; or (v) any other substance, material, chemical, <br />waste or pollutant identified as hazardous or toxic and regulated under any other federal, <br />7 <br />