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25 <br />4859-3312-3005v4 <br />interest in the Leased Premises without Lessee’s prior written consent which shall not be <br />unreasonably withheld or delayed; <br />(b) there is no litigation or action, pending or to Lessor’s knowledge, threatened, <br />affecting the Leased Premises or any streets or other public rights-of-way abutting or serving the <br />Leased Premises; <br />(c) Lessor has received no written notice and has no actual knowledge, nor has Lessor <br />been otherwise advised, of any pending or threatened Taking relating to all or any part of the <br />Leased Premises; <br />(d) Lessor has received no written notice and has no actual knowledge of the intention <br />of any party holding an easement affecting the Leased Premises or any part thereof to expand the <br />exercise of any such easement beyond the current scope permitted by the applicable Permitted <br />Encumbrance; <br />(e) the entry by Lessor into this Lease and the performance of the terms, provisions and <br />conditions contained herein will not, or with the giving of notice or the passage of time, or both, <br />would not, violate or cause a breach or default under any other agreement relating to the Leased <br />Premises to which Lessor is a party or by which it is bound. <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 <br />represents to Lessor as follows, which warranties, representations and covenants <br />are true and correct as of the date of this Lease: <br />(a) Authority. Lessee has the right, power and authority to enter into this Lease and the <br />right, power and authority to comply with the terms, obligations, provisions and conditions <br />contained in this Lease; <br />(b) No Breach of Obligations. The entry by Lessee into this Lease and the performance <br />of all of the terms, provisions and conditions contained herein will not, or with the giving of <br />notice or the passage of time, or both, would not, violate or cause a breach or default under any <br />other agreements to which Lessee is a party or by which it is bound. <br /> <br />Section 9.3 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 9.4 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 chemicals, materials, and substances used in commercially <br />reasonable amounts in the construction, rehabilitation, operation, and maintenance of the <br />Improvements and in accordance with Legal Requirements, and (ii) shall not cause or permit any <br />Hazardous Materials contamination of the Leased Premises 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 />Page 105 of 428