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<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
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