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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 /> matenally affect the development of the Improvements;
<br /> (i) To Lessor's actual knowledge, except as disclosed in that certain
<br /> Hazardous Materials Assessment dated May 19, 2017 prepared by S Tech Consulting, LLC and
<br /> that certain Phase 1 Environmental Site Assessment dated January 11, 2013 prepared by AEI
<br /> Consultants (collectively, "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 /> Matenals 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(u) 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 /> Matenals 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) Authonty. Lessee has the nght, 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
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<br /> OAK#4834-9609-1684 v9
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