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agreement relating to the Leased Premises to which Lessor is a party or by which it is bound,
<br /> including, without limitation, the Permitted Encumbrances:
<br /> (f) except as disclosed to Lessee or as is apparent from Lessee's inspection,
<br /> there is no tenant, lessee or other occupant of the Leased Premises having any right or claim to
<br /> possession or use of the Leased Premises;
<br /> (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 /> materially affect the development of the Improvements;
<br /> (i) To Lessor's actual knowledge, except as disclosed in that certain
<br /> Hazardous Materials Assessment dated July 23, 2015 prepared by S Tech Consulting, LLC and
<br /> that certain Phase I 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 /> Materials 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(ii) 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 /> Materials 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 /> 29
<br /> 191A52V1656915.8
<br /> OAK#4834-9609-1684 v I I
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