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(g) there are no unpaid special assessments of which Lessor has received
<br /> notice for sewer, sidewalk, water, paving, gas, electrical or utility improvements or other capital
<br /> expenditures affecting the Leased Premises;
<br /> (h) there are no outstanding notices of, nor, to Lessor's knowledge, any
<br /> violations of any Legal Requirements affecting any portion of the Leased Premises that
<br /> materially affect the development of the Improvements;
<br /> (i) To Lessor's actual knowledge, except as disclosed in the following reports
<br /> ("Environmental Reports"), neither the Leased Premises nor any part
<br /> thereof has been used for the disposal of refuse or waste, or for the generation, processing,
<br /> manufacture, storage, handling, treatment, transportation or disposal of any Hazardous Materials.
<br /> To Lessor's actual knowledge, except as disclosed in the Environmental Reports, no Hazardous
<br /> Materials have been installed, used, stored, handled, or located on or beneath the Leased
<br /> Premises, which Hazardous Materials, if found on or beneath the Leased Premises, or improperly
<br /> disposed of away from the Leased Premises, would subject the owner or occupant of the Leased
<br /> Premises to damages, penalties, liabilities or an obligation to perform any work, cleanup,
<br /> removal, repair, construction, alteration, demolition, renovation or installation in or in connection
<br /> with the Leased Premises ("Environmental Cleanup Work") in order to comply with any Legal
<br /> Requirements applicable to Hazardous Materials. To Lessor's actual knowledge, there is no
<br /> notice from any Governmental Authority or any Person, claiming any violation of any Legal
<br /> Requirement pertaining to Hazardous Materials or any liability thereunder, or requiring or
<br /> calling any attention to the need for any Environmental Cleanup Work on or in connection with
<br /> the Leased Premises, and neither Lessor, its agents or employees has ever been informed of any
<br /> threatened or proposed serving of any such notice of violation or corrective work order. To
<br /> Lessor's actual knowledge, except as disclosed in the Environmental Reports, no part of the
<br /> Leased Premises is affected by any "Hazardous Materials Contamination," which for purposes
<br /> hereof, shall mean(i) the contamination of any improvement, facilities, soil, subsurface strata,
<br /> ground water, ambient air, biota or other elements on or of the Leased Premises by Hazardous
<br /> Materials, or (ii) the contamination of the buildings, facilities, soil, subsurface strata, ground
<br /> water, ambient air, biota or other elements on, or of, any other property as a result of Hazardous
<br /> Materials emanating from the Leased Premises.
<br /> Section 9.2 Representations, Warranties and Covenants of Lessee. As an inducement
<br /> to Lessor to enter into and to proceed under this Lease, Lessee warrants and represents to Lessor
<br /> as follows, which warranties, representations and covenants are true and correct as of the date of
<br /> this Lease:
<br /> (a) Authority. Lessee has the right, power and authority to enter into this
<br /> Lease and the right, power and authority to comply with the terms, obligations, provisions and
<br /> conditions contained in this Lease;
<br /> (b) No Breach of Obligations. The entry by Lessee into this Lease and the
<br /> performance of all of the terms, provisions and conditions contained herein will not, or with the
<br /> giving of notice or the passage of time, or both, would not, violate or cause a breach or default
<br /> under any other agreements to which Lessee is a party or by which it is bound.
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<br /> 191A52V1656915.8
<br /> OAK#4834-9609-1684 v8
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