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31. WARRANTIES OF LESSOR. Lessor warrants and represents to Lessee: <br /> <br /> a. That as of the date of this Lease (i) all taxes on the Leased Premises, <br /> <br /> except current taxes not delinquent, have been paid; and (ii) the Leased Premises are free <br /> and clear of all tenancies or other rights of third parties; <br /> <br /> b. That no lawsuits or legal proceedings are pending or threatened <br /> <br /> regarding the ownership, use, or possession of the Leased Premises; <br /> <br /> c. That no condemnation proceedings are pending with respect to the <br /> <br /> Leased Premises or any part thereof, or interest therein, and, to the best of Lessor's <br /> knowledge and belief, none are contemplated; <br /> <br /> d. Except as disclosed to Lessee in writing, to the best of Lessor's <br /> <br /> knowledge without duty of inquiry there are no past or present investigations, <br /> administrative proceedings, threatened or pending, alleging non-compliance with or <br /> violation of any "Law or Regulation" relating to the Premises or to any required <br /> environmental permits by Lessor or any third party. As used herein, "Law or Regulation" <br /> means and includes the Comprehensive Environmental Response and Liability Act <br /> ("CERCLA" or the Federal Super Fund Act) as amended by the Super Fund <br /> Amendments and Reauthorization Act of 1986 ("SARA") and any other law, ordinance <br /> or regulation relating to Hazardous Materials; "Hazardous Material" means any <br /> hazardous or toxic substance, material or waste which is or becomes regulated by any <br /> local government authority, the State of California or the United States Government. <br /> Lessor will provide to Lessee all reports and investigations commissioned by Lessor and <br /> relating to Hazardous Materials on the Leased Premises which Lessor has in its <br /> possession or control. To the best of Lessor's knowledge, without duty of inquiry, there <br /> are not now, nor have there ever been, any above-ground or underground storage tanks in <br /> or under the Leased Premises. <br /> <br /> 32. PARTIAL ASSIGNMENT OF LEASEHOLD ESTATE <br /> <br /> Upon completion of the Building and issuance of a certificate of occupancy <br /> <br /> by City, Lessee shall sell to City, and City shall purchase from Lessee, an undivided <br />- interest in the Leasehold Estate. Said undivided interest (the "Leasehold Interest") shall <br /> <br /> 17996.00003~,BGLIB 1 \ 1085097.9 24 <br /> <br /> <br />