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Section 9.3 1-Iazardous Materials. Lessee (i) shall not cause or permit any Hazardous
<br /> Materials to be placed, held, located or disposed of on, under or at the Leased Premises or any
<br /> part thereof, except in commercially reasonable amounts used in the construction and operation
<br /> of the Improvements and in accordance with Legal Requirements, and(ii) shall not cause or
<br /> permit any Hazardous Materials contamination of the Leased Premises or any part thereof.
<br /> Section 9.4 Relocation Obligations and Indemnity. Lessee covenants that persons
<br /> residing on the Leased Premises shall not be displaced before suitable temporary replacement
<br /> housing is available within the Project or elsewhere. Lessee shall ensure that all occupants of the
<br /> Leased Premises receive all notices, benefits and assistance to which they are entitled in
<br /> accordance with California Relocation Assistance Law (Government Code Section 7260 et seq.),
<br /> all state and local regulations implementing such law, and all other applicable federal, state, or
<br /> local relocation law, regulation, or policy, including but not limited to the Uniform Relocation
<br /> Act (42 U.S.C. § 4601 et seq.) and implementing regulations (collectively referred to herein as
<br /> "Relocation Laws"). Any and all costs incurred in connection with the temporary and/or
<br /> permanent displacement and/or relocation of occupants of the Leased Premises, including
<br /> without limitation payments to a relocation consultant, moving expenses, and payments for
<br /> temporary and permanent relocation benefits pursuant to Relocation Laws shall be paid by
<br /> Lessee, and Lessor shall have no responsibility for payment therefor. Lessee shall be liable for
<br /> any and all claims for applicable relocation benefits sought by any current, former or future
<br /> tenant of the Land or the Improvements existing or to be constructed on the Land pursuant to this
<br /> Lease.
<br /> In addition to any other indemnities provided by Lessee in this Lease, Lessee shall
<br /> indemnify, protect, defend(with legal counsel of Lessor's choosing), and hold harmless the
<br /> Indemnitees from and against any and all alleged or actual Claims arising in connection with the
<br /> breach of Lessee's obligations set forth in this Section or arising directly or indirectly from the
<br /> transfer of the Leased Premises to the Lessee, including without limitation claims for, relocation
<br /> benefits and assistance under any Relocation Laws, all leasehold interests and rights of tenancy
<br /> or occupancy, any bonus value, lost income (past or future), failure to locate a suitable
<br /> replacement residential location, lost rental income or sublease or license income, severance
<br /> damages (if any), pre-condemnation damages (if any), economic or consequential damages,
<br /> professional consultant fees, attorneys' fees and costs, expert witness fees and costs, and any and
<br /> all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or to
<br /> be claimed, suffered or to be suffered, by any person or entity that is or claims to be a current or
<br /> former tenant or sub-tenant or occupant with a right to use or occupy the Leased Premises. The
<br /> provisions of this Section shall survive the expiration or termination of this Lease.
<br /> Section 9.5 Hazardous Materials Indemnification. From and after the Commencement
<br /> Date, Lessee hereby agrees to indemnify, protect, hold harmless and defend (by counsel
<br /> reasonably satisfactory to Lessor) the Indemnitees from and against any and all Claims arising
<br /> directly or indirectly, in whole or in part, out of(i) any activity by Lessee, its affiliates or its
<br /> agents or contractors carried on or undertaken on or off the Leased Premises in connection with
<br /> the handling, treatment, removal, storage, decontamination, cleanup, transport or disposal of any
<br /> Hazardous Materials located or present in, on, tender or about the Leased Premises; or (ii)the
<br /> failure of Lessee to comply with any Environmental Laws relating to the handling, treatment,
<br /> presence, removal, storage, decontamination, cleanup, transportation, or disposal of Hazardous
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<br /> 191\52\1656915.8
<br /> OAK#4834-9609-1684 v8
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