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force or which may hereafter be in force (individually and collectively, "Law(s)"), which
<br /> shall impose any duty upon City with respect to the use, occupancy, or alteration of the
<br /> Premises. City shall be responsible for obtaining any permit or business license required
<br /> by any governmental agency permitting City's use of the Premises. Fox makes no
<br /> representation concerning the availability of any permits or approvals required or
<br /> permitted under this Agreement.
<br /> 9.2. Quiet Enjoyment. City, upon paying Rent and performing all of its obligations
<br /> under this Agreement, shall be entitled to peaceably and quietly enjoy the Premises,
<br /> subject to the terms of this Agreement.
<br /> 10. ENVIRONMENTAL MATTERS.
<br /> 10. 1 . Environmental Compliance. Both Fox and City shall, at their sole cost and expense,
<br /> comply with all Federal, State or local laws from time to time in effect ("Hazardous
<br /> Materials Laws") concerning the management, use, generation, storage, transportation,
<br /> presence, discharge or disposal of hazardous, toxic, radioactive or carcinogenic materials,
<br /> substances or wastes ("Hazardous Materials"). Except for materials normally and
<br /> customarily used in offices, such as cleaning supplies, kept in small quantities and safely
<br /> stored, neither City nor Fox nor their agents, employees, contractors, sublessees, assignees
<br /> or invitees shall use, handle, store, transport, release or dispose of any Hazardous
<br /> Materials anywhere in, on, under or about the Property or any portion thereof City and
<br /> Fox shall cause any and all Hazardous Materials brought onto, used, generated, stored or
<br /> discharged in the Premises to be removed from the Premises and transported for disposal
<br /> in accordance with applicable Hazardous Materials Laws. Fox shall have the right to enter
<br /> the Premises from time to time to conduct tests, inspections and surveys concerning
<br /> Hazardous Materials and to monitor City's compliance with its obligations concerning
<br /> Hazardous Materials and Hazard Materials Laws. City shall immediately notify Fox in
<br /> writing of any voluntary clean-up or removal action instituted or proposed by City, any
<br /> enforcement, clean-up, removal or other governmental or regulatory action instituted or
<br /> threatened, or any claim made or threatened by any person against City, the Premises, the
<br /> Building, the Property, or any portion thereof, relating to Hazardous Materials or
<br /> Hazardous Materials Laws. City shall also supply to Fox as promptly as possible, and in
<br /> any event within five (5) business days after City receives or sends same, copies of all
<br /> claims, reports, complaints, notices, warnings or asserted violations relating in any way
<br /> to the Premises or City's use thereof and concerning Hazardous Materials or Hazardous
<br /> Materials Laws.
<br /> 10.2. Indemnification. Fox shall indemnify, defend and hold City harmless from any
<br /> claims, causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties,
<br /> costs or expenses (including attorneys' fees and expenses) caused or alleged to have been
<br /> caused by the presence of Hazardous Materials in or about the Premises, including,
<br /> without limitation, any bodily injury, death, property damage, decrease in value of the
<br /> Premises or Building, caused or alleged to have been caused by the use, storage,
<br /> generation, presence or release of Hazardous Materials , whether such claims, causes of
<br /> action or liabilities are first asserted during the Term or thereafter, and including without
<br /> limitation, claims made against the City with respect to bodily injury, death or property
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<br /> ATTY/AGR/2016.287/FOX THEATER AGREEMENT
<br /> REV: 0-29-16 JS
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