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(ii) Comply with and abide by all federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting the YMCA Site and the New YMCA, or any activity or condition related to the New YMCA. (iii) Tenant agrees that it will not commit or permit waste upon the YMCA Site. (2) Tenant will not cause or permit any hazardous substance (as defined by applicable federal, state and local statutes, rules and regulations) to be released in, on, under or about the YMCA Site (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant's expense, comply with all statutory requirements with respect to any contamination of the YMCA Site that was caused, permitted or materially contributed to by Tenant or pertaining to or involving any hazardous substance brought onto the Leased Area during the term of this Lease by or for Tenant or any third party. Tenant will defend, indemnify and hold Landlord free and harmless from and against any and all claims, damages and liabilities with respect to any such contamination of the YMCA Site occurring following the Commencement Date. Tenant will immediately notify Landlord if Tenant becomes aware that any release of hazardous substances has come to be located in, on, under or about the YMCA Site at any time during the Term. (b) Non -Exclusive Common Area. Landlord and Tenant shall maintain the Non -Exclusive Common Area and the improvements thereon pursuant to a future separate Common Area Maintenance Agreement which shall be consistent with the terms and conditions contained in the Common Area Maintenance and Operating Provisions, attached hereto as Exhibit F and incorporated herein by reference. 14. Facility Operations. Upon completion of the Phase 1 and Phase 2 Improvements at the Project Site, in order to minimize overlap in facility programming at the Property, Landlord and Tenant agree to follow those certain operating provisions set forth in the Common Area Maintenance and Operating Provisions, Exhibit F, and include such provisions in a future separate agreement (the "Operating Agreement of the New YMCA") , which may be amended in writing, from time to time, as the Parties deem reasonably appropriate. 15. Damage or Destruction. (a) Restoration; Early in Term. The provisions of this Section 15 shall govern the rights of the parties in the event of any full or partial destruction of the New YMCA. Tenant hereby waives the provisions of Civil Code Section 1932(2) and Civil Code Section 1933(4) with respect to any destruction of the New YMCA. If, during the first ten (10) years of the initial Term (i.e., before the tenth (10th) anniversary of the Commencement Date), the improvements located on the YMCA Site are totally or partially destroyed from any cause, this Lease shall not terminate and Tenant shall have the option either (i) to construct a new facility consistent with the YMCA- SV's then -current prototypical building or (ii) to restore the destroyed improvements to substantially the same condition as they were in immediately before destruction subject, in either case, to then applicable Governmental Requirements and Tenant retaining all insurance YMCA Ground Lease -8- 82483.00016\32493585.6