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(a) not to use the Leased Premises for any disorderly or unlawful purpose,
<br /> (b) to use reasonable efforts to prevent any Tenant from committing or
<br /> maintaining any nuisance or unlawful conduct on or about the Leased Premises,
<br /> (c) to use reasonable efforts to prevent any action by any Tenant that would
<br /> cause Lessee to violate any of the covenants and conditions of this Lease with respect to the
<br /> Improvements,
<br /> (d) to take reasonable action, if necessary, to abate any action by any Tenant
<br /> that violates, or that would cause Lessee to violate this Lease, and
<br /> (e) subject to the laws of the State of California and the nghts of Tenants, to
<br /> permit Lessor and its agents to inspect the Leased Premises or any part thereof at any reasonable
<br /> time during the Term
<br /> Section 2 4 Possession Lessor agrees to and shall provide possession of the Leased
<br /> Premises to Lessee upon close of construction financing, free and clear of all rights to possession
<br /> or use by any tenants or other individuals or entities other than Lessee (except as disclosed to
<br /> Lessee or apparent from Lessee's inspection), and free and clear of any encumbrances except as
<br /> expressly approved by Lessee in wnting Lessee hereby approves the Regulatory Agreement and
<br /> encumbrances associated with the Senior Lender, the City Loan, the AHP Loan, and the County
<br /> Loan. The Parties acknowledge that as of the Commencement Date the Land is developed with
<br /> forty (40) occupied dwelling units, and that in connection with the development of the Project,
<br /> Lessee will relocate the tenants of such units and demolish the existing improvements
<br /> Section 2.5 Memorandum of Lease. The Parties shall execute and acknowledge a
<br /> memorandum of ground lease, substantially in the form attached hereto as Exhibit C, which shall
<br /> be recorded at Lessee's expense
<br /> Section 2.6 AS-IS Conveyance Lessee specifically acknowledges that Lessor is
<br /> leasing the Leased Premises to Lessee on an"AS IS", "WHERE IS" and"WITH ALL FAULTS"
<br /> basis and that except as may be expressly stated in this Lease or the DDLA, Lessee is not relying
<br /> on any representations or warranties of any kind whatsoever, express or implied, from Lessor as
<br /> to any matters concerning the Leased Premises, including without limitation: (i) the quality,
<br /> nature, adequacy and physical condition of the Leased Premises, including, but not limited to,
<br /> appurtenances, access, landscaping, parking facilities, (u) the quality, nature, adequacy, and
<br /> physical condition of soils, geology and any groundwater, (iii) the existence, quality, nature,
<br /> adequacy and physical condition of utilities serving the Leased Premises, (iv) the development
<br /> potential of the Leased Premises, and the Leased Premises' use, merchantability, or fitness,
<br /> suitability, value or adequacy of the Leased Premises for any particular purpose, (v) the zoning
<br /> or other legal status of the Leased Premises or any other public or private restrictions on use of
<br /> the Leased Premises, (vi) the compliance of the Leased Premises or its operation with any
<br /> Environmental Laws, covenants, conditions and restrictions of any governmental or quasi-
<br /> governmental entity or of any other person or entity, (vii) the presence or removal of Hazardous
<br /> Material, substances or wastes on, under or about the Leased Premises or the adjoining or
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