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(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 parry or by which it is bound.
<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 />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 9.5 Prevailing Wage Requirements. If required by applicable federal or State
<br />law, Lessee and its contractors, subcontractors and agents shall comply with California Labor
<br />Code Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicable due to
<br />financing sources for the Project, with the federal Davis Bacon Act and implementing
<br />regulations) (all of the foregoing, collectively, "Prevailing Wage Laws"), and shall be
<br />responsible for carrying out the requirements of such provisions. To the greatest extent allowed
<br />by law, Lessee shall indemnify, defend (with counsel approved by Lessor) and hold the
<br />Indemnitees harmless from and against all Claims which directly or indirectly, in whole or in
<br />part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by,
<br />arise in connection with, or relate to, the payment or requirement of payment of prevailing wages
<br />(including without limitation, all claims that may be made by contractors, subcontractors or other
<br />third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of
<br />competitive bidding in connection with the Project, the failure to comply with any state or
<br />federal labor laws, regulations or standards in connection with this Lease, including but not
<br />limited to the Prevailing Wage Laws, or any act or omission of Lessee related to this Lease with
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