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24 <br />4859-3312-3005v3 <br />Documents, Lessor agrees that, upon enforcement or exercise by SVB of any of its rights <br />with respect thereto, Lessor shall afford SVB reasonable access to the Project for the <br />purpose of preserving its interests therein or enforcing or exercising such rights, subject <br />to the payment by SVB to Lessor of a daily rental at the rate provided for in the Lease. <br />ARTICLE 9. <br />REPRESENTATIONS, WARRANTIES AND COVENANTS <br />Section 9.1 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 <br />this Lease and the right, power and authority to comply with the terms, obligations, provisions <br />and conditions contained in this Lease; <br />(b) No Breach of Obligations. The entry by Lessee into this Lease and <br />the performance of all of the terms, provisions and conditions contained herein will not, or with <br />the giving of notice or the passage of time, or both, would not, violate or cause a breach or <br />default under any other agreements to which Lessee is a party or by which it is bound. <br /> <br />Section 9.2 Relocation. Lessee shall comply with all provisions of Section 3.10 of the <br />Regulatory Agreement pertaining to relocation of existing Tenants and indemnification of Lessor <br />in connection therewith. <br />Section 9.3 Hazardous Materials; Indemnification. Lessee (i) shall not cause or permit <br />any Hazardous Materials to be placed, held, located or disposed of on, under or at the Leased <br />Premises or any part thereof, except in commercially reasonable amounts used in the <br />construction and operation of the Improvements and in accordance with Legal Requirements, <br />and (ii) shall not cause or permit any Hazardous Materials contamination of the Leased Premises <br />or any part thereof. <br />Lessee shall indemnify, protect, hold harmless and defend (by counsel reasonably <br />satisfactory to Lessor) the Indemnitees from and against any and all Claims arising directly or <br />indirectly, in whole or in part, out of (i) any activity by Lessee, its affiliates or its agents or <br />contractors carried on or undertaken on or off the Leased Premises in connection with the <br />handling, treatment, removal, storage, decontamination, cleanup, transport or disposal of any <br />Hazardous Materials located or present in, on, under 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 <br />Materials into, on, under or from the Leased Premises, except to the extent any such Claim arises <br />from the gross negligence or willful misconduct of the Indemnitees. The provisions of this <br />Section shall survive the expiration or termination of this Lease. <br />Section 9.4 Prevailing Wage Requirements. If required by applicable federal or State <br />law, Lessee and its contractors, subcontractors and agents shall comply with California Labor