Agmt19 YMCA of Sillicon Valley Master Project Agmt.

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negotiations, oral or written. This Lease may not be amended or modified in any respect whatsoever except by an instrument in writing signed by Landlord, Tenant and, if required by any Lender, by Lender. 42. Amendments. This Lease may be modified only in writing and only if signed by the parties at the time of the modification. 43. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of California. 44. Environmental Status. Except as set forth in this Lease, Landlord has received no notice of any release of Hazardous Materials that has come to be located upon or under the Project Site or that has been generated, handled, manufactured, stored, used, transported or discharged any Hazardous Materials on, in or under the Project Site, the groundwater or any adjacent property. Landlord, to its actual knowledge, is not aware of any underground storage tanks currently located on or under the YMCA Site. As used herein, the term, "Hazardous Materials" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations promulgated thereto: (1) any "hazardous substance" within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA") 42 U.S.C. §9601, et seq. or the California Hazardous Substance Account Act, Cal. Health and Safety Code §25300 et seq. or the Porter -Cologne Water Quality Act, Cal. Water Code §13000 et seq. or the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; (2) any "hazardous waste" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; or (3) any other substance, chemical, waste, toxicant, pollutant or contaminate regulated by any federal, state or local law, statute, rule, regulation or ordinance for the protection of health or the environment, including, without limitation, any petroleum products or fractions thereof. 45. Miscellaneous. (a) Signs. Tenant shall have the right to install, maintain, replace and relocate one or more signs, monument sign structures(s), awnings and sign panels, in conformity with applicable municipal codes, affixed anywhere in or on the YMCA Site or on the New YMCA building. Tenant shall obtain and pay for all permits and licenses related to such signs or required in connection therewith. No signs may be installed by Tenant in the Non - Exclusive Common Area, provided however, that any monument and/or way -finding signs installed by Landlord shall include the YMCA -SV logo and directions to the New YMCA. ATTY/AGR/2019.316/YMCA MASTER PROJECT AGREEMENT Page 52 of 108